[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court

The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner dismissing the second appeal filed by Public Information Officer, on the ground that the petitioner being the PIO cannot maintain the second appeal under Section 19(3) of the Right to Information Act.

A single judge bench of Justice K S Hemalekha partly allowed the petition filed by the PIO attached to the Karnataka Lokayukta and set aside the order dated 04.01.2018 passed by Commissioner.

The counsel for the petitioner had contended that the second appeal under Section 19(3) of the RTI Act by the Public Information Officer is maintainable even in the event no first appeal is preferred under Section 19(1) of the RTI Act. Reliance was placed on the decision of the coordinate bench of the high court in the case of Sri. G.H. Sharanappa Vs. The Commissioner and Others which said,

“When a specific remedy is available to the aggrieved party under the Act to prefer an appeal under sub-Section (1) and second appeal under sub-Section (3) of Section 19, in view of specific provision, the Commissioner is not justified in issuing the endorsement to the effect that the petitioner has not exhausted the remedy under Sections 6(1) and 19(1) of the RTI Act, defeating the very provisions of the Act.”

Following which the Court held “In order to maintain parity, this Court is of the considered view that the writ petition needs to be disposed of in terms of the judgment of the Coordinate Bench of this Court in W.P. No.5474/2018, dated 18.11.2022.”

Accordingly it remitted the matter back to the Information Commissioner to reconsider the appeal filed by the petitioner under Section 19 (3) of the RTI Act on merits, within an outer limit of six months.

Case Title: The Public Information Officer And The State Information Commissioner & others

Case No: WRIT PETITION NO.24537 OF 2018

Citation: 2023 LiveLaw (kar) 115

Date of Order: 23-02-2023

Appearance: Advocate Venkatesh S Arbatti for petitioner.

Advocate Rajashekhar K FOR R-1.

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