Permitting Public Entity To Not Dispose Of RTI Application In Timely Manner Would Defeat The Purpose Of Right To Information Act: Delhi HC

The Delhi High Court on Tuesday observed that permitting a public entity, Bureau of Pharma Public Sector Undertakings of India (BPPI) in the present case, to not dispose of an RTI application in a time bound manner would defeat the purpose of the Right to Information Act, 2005.

The oral observation came from Justice Rekha Palli who was dealing with a petition filed by a company namely Cradle Life Sciences Pvt Ltd which was aggrieved by the inaction on the part of Union of India through Public Information Officer, Ministry of Chemical and Fertilizers as well as the BPPI for not furnishing the information sought by it under two RTI applications. 

"Permitting respondent no. 2 (BPPI) to not dispose of RTI applications in a timely manner would defeat the purpose of the RTI Act," the Court said.

It was the case of the petitioner company that BPPI had invited for appointment as distributor in 15 different States. Accordingly, the petitioner company had filed an application for being appointed as BPPI's distributor in the State of Bihar.

According to the petitioner, it was shortlisted by the BPPI along with other two applicants after evaluating their applications. 

It was further the case of the petitioner that a physical site inspection of it's office and godown was conducted by BPPI's representative. However, the petitioner was aggrieved by BPPI's action of conducting a second inspection of four shortlisted applicants, instead of the three initially shortlisted applicants.

Accordingly, an RTI application was filed by the petitioner company on December 14, 2020 seeking information under the RTI Act. Another RTI application was filed on December 31, 2020 seeking certain additional information under the Act.

"Section 7 of the Right to Information Act, 2005 mandates the Public Information Officer of a public body to dispose off the RTI application within a period of 30 days except those relating to life or liberty of a person. Insofar as the present case is concerned, the information has not been furnished by the Respondents despite lapse of more than seven months which shows callous attitude by the respondent which is instrumentality of the central government," the plea reads.

Counsel appearing on behalf of BPPI submitted before the Court that a similar petition was dismissed by the High Court in January this year and therefore the present petition was not called for.

On this, the Court said:

"There is no reason why that would be a ground for the respondent no 2 (BPPI) not to deal with the petitioner's RTI applications expeditiously." 

The writ petition was allowed by the Court by directing BPPI to expeditiously decide the RTI applications and pass an order after following due procedure as per the laid down procedure within four weeks.

"This court has not expressed any opinion as regards to the inter se dispute between parties," the Court clarified.

Appearance: Petitioner was represented by Advocate Prashant Kumar.

Case Title: Cradle Life Sciences Pvt Ltd v. UOI & Anr.