✦ High Court of India · 07 Apr 2025

Mr. Prateek Jindal, Mr. Satyam Sondh, Advs. (through v/c) v. CENTRAL INFORMATION COMMISSION Through

Case Details High Court of India · 07 Apr 2025
Court
High Court of India
Decided
07 Apr 2025
Length
1,061 words

CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R 07.04.2025 % CM APPL.20289/2025 (Exemption) 1. 2. Application stands disposed of. Allowed, subject to all just exceptions. W.P.(C) 4397/2025 3. The petitioner has filed the present petitioner seeking directions to the respondent for the expeditious disposal of the petitioner’s pending ‘non- compliance’ applications, which were filed before the respondent. The details of the said applications are as under : i. Diary No. 646423 dated 19.10.2024 ii. Diary No. 646640 dated 21.10.2024 iii. Diary No. 645586 dated 14.10.2024 iv. Diary No. 623461 dated 14.05.2023 v. Diary No. 619296 dated 08.05.2024 vi. Diary No. 114409 dated 08.05.2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23

4. It is submitted that these applications have been pending adjudication for an unreasonably long period of time before the respondent. 5. It is submitted that the said applications have been filed by the petitioner in the light of continued non-compliance and disregard by the concerned Public Information Officers (PIOs) towards the decisions passed by the CIC in favour of the petitioner. The petitioner has sought information under the Right to Information Act, 2005 (RTI Act) in multiple cases dating back to as early as 2019. 6. The factual background that has resulted into the filing of the application bearing diary no. 623461 dated 14.05.2023 is that the petitioner had originally filed an RTI application on 01.05.2022 with the Municipal Corporation of Delhi, Rohini Zone, but received no response. A First Appeal was thereafter filed on 09.06.2022, resulting in a directive from the Appellate Authority on 06.07.2022 instructing the PIO to provide a specific reply within 7 days. However, it is submitted that the PIO submitted a misleading response on 08.07.2022. Subsequently, a Second Appeal was filed with the CIC on 26.07.2022. CIC vide order dated 03.03.2023 directed the PIO to furnish complete and correct information within 21 days. Due to non-compliance of the said order, the petitioner filed a non-compliance application on 14.05.2023, which remains pending. 7. Similarly, in application bearing diary nos. 619296 & 114409 dated

08.05.2024, the petitioner filed an RTI on 02.05.2019 with the MCD Rohini Zone, but received an incomplete and misleading response. A First Appeal was filed, resulting in an order directing the PIO to provide a proper reply, which was not complied with. A Second Appeal was then filed before the CIC. CIC vide order 29.07.2021 directed the PIO to allow inspection of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23 records and provide relevant information or submit an affidavit if records were untraceable, within 30 days. Due to continued non-compliance of the said order, the petitioner filed a non-compliance application on 08.05.2024. 8. As regards application bearing diary no. 645586 dated 14.10.2024, the petitioner had filed an RTI application on 12.06.2023 before the PIO, Sh. R.P. Gupta, Executive Engineer (B-II), Keshav Puram Zone, seeking certain information. It is submitted that the PIO responded late, on 04.08.2023, only after the petitioner had already filed a First Appeal on 16.07.2023 due to no initial response, and even then, no information was provided. No decision was received on the First Appeal. The Petitioner then filed a Second Appeal on 10.09.2023 before the CIC. The CIC, in its decision dated 23.08.2024, directed the PIO to invoke Section 5(4) of the RTI Act and provide the remaining information (excluding Point No. 10 of the information sought therein) within 4 weeks. Due to non-compliance with this order, the petitioner filed a non-compliance application on 14.10.2024. 9. In application bearing diary no. 646423 dated 19.10.2024, the petitioner filed an RTI on 14.09.2023 seeking specific information, but received no timely response from the PIO. A First Appeal was filed on

23.10.2023, followed by a Second Appeal on 23.12.2023. The PIO eventually replied on 10.01.2024, but without providing the requested information. The CIC, in its decision dated 23.08.2024, directed the PIO to furnish a revised reply and facilitate an inspection of relevant records within specified timeframes. Due to continued non-compliance, the petitioner filed a non-compliance application on 19.10.2024. 10. Likewise, in application bearing diary no. 646640 dated 21.10.2024, the petitioner had filed an RTI on 12.05.2023 before the PIO of MCD This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23 Keshav Puram Zone but received no response. A First Appeal was filed, and the Appellate Authority directed the PIO to provide complete information within 10 days, which was not complied with. A Second Appeal was then filed, after which the CIC observed partial information was given, and directed the remaining details be provided within 3 weeks. As there was still no compliance, the petitioner filed a non-compliance application on

21.10.2024. 11. It is submitted that despite the clear and binding directions issued by the respondent in all these matters, the concerned PIOs have failed to comply with the orders. The petitioner is aggrieved by the prolonged inaction on the part of the respondent in adjudicating the non-compliance applications. Hence the petitioner has filed the present petition. 12. Having considered the submissions and taking note of the limited prayer sought, this Court finds it appropriate to dispose of the present petition with a request to the respondent to decide the petitioner’s above- mentioned applications in an expeditious manner, preferably within a period of eight weeks from today. 13. Accordingly, the present petition stands disposed of in the above terms. APRIL 7, 2025/sv SACHIN DATTA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23

CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R 07.04.2025 % CM APPL.20289/2025 (Exemption) 1. 2. Application stands disposed of. Allowed, subject to all just exceptions. W.P.(C) 4397/2025 3. The petitioner has filed the present petitioner seeking directions to the respondent for the expeditious disposal of the petitioner’s pending ‘non- compliance’ applications, which were filed before the respondent. The details of the said applications are as under : i. Diary No. 646423 dated 19.10.2024 ii. Diary No. 646640 dated 21.10.2024 iii. Diary No. 645586 dated 14.10.2024 iv. Diary No. 623461 dated 14.05.2023 v. Diary No. 619296 dated 08.05.2024 vi. Diary No. 114409 dated 08.05.2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23

4. It is submitted that these applications have been pending adjudication for an unreasonably long period of time before the respondent. 5. It is submitted that the said applications have been filed by the petitioner in the light of continued non-compliance and disregard by the concerned Public Information Officers (PIOs) towards the decisions passed by the CIC in favour of the petitioner. The petitioner has sought information under the Right to Information Act, 2005 (RTI Act) in multiple cases dating back to as early as 2019. 6. The factual background that has resulted into the filing of the application bearing diary no. 623461 dated 14.05.2023 is that the petitioner had originally filed an RTI application on 01.05.2022 with the Municipal Corporation of Delhi, Rohini Zone, but received no response. A First Appeal was thereafter filed on 09.06.2022, resulting in a directive from the Appellate Authority on 06.07.2022 instructing the PIO to provide a specific reply within 7 days. However, it is submitted that the PIO submitted a misleading response on 08.07.2022. Subsequently, a Second Appeal was filed with the CIC on 26.07.2022. CIC vide order dated 03.03.2023 directed the PIO to furnish complete and correct information within 21 days. Due to non-compliance of the said order, the petitioner filed a non-compliance application on 14.05.2023, which remains pending. 7. Similarly, in application bearing diary nos. 619296 & 114409 dated

08.05.2024, the petitioner filed an RTI on 02.05.2019 with the MCD Rohini Zone, but received an incomplete and misleading response. A First Appeal was filed, resulting in an order directing the PIO to provide a proper reply, which was not complied with. A Second Appeal was then filed before the CIC. CIC vide order 29.07.2021 directed the PIO to allow inspection of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23 records and provide relevant information or submit an affidavit if records were untraceable, within 30 days. Due to continued non-compliance of the said order, the petitioner filed a non-compliance application on 08.05.2024. 8. As regards application bearing diary no. 645586 dated 14.10.2024, the petitioner had filed an RTI application on 12.06.2023 before the PIO, Sh. R.P. Gupta, Executive Engineer (B-II), Keshav Puram Zone, seeking certain information. It is submitted that the PIO responded late, on 04.08.2023, only after the petitioner had already filed a First Appeal on 16.07.2023 due to no initial response, and even then, no information was provided. No decision was received on the First Appeal. The Petitioner then filed a Second Appeal on 10.09.2023 before the CIC. The CIC, in its decision dated 23.08.2024, directed the PIO to invoke Section 5(4) of the RTI Act and provide the remaining information (excluding Point No. 10 of the information sought therein) within 4 weeks. Due to non-compliance with this order, the petitioner filed a non-compliance application on 14.10.2024. 9. In application bearing diary no. 646423 dated 19.10.2024, the petitioner filed an RTI on 14.09.2023 seeking specific information, but received no timely response from the PIO. A First Appeal was filed on

23.10.2023, followed by a Second Appeal on 23.12.2023. The PIO eventually replied on 10.01.2024, but without providing the requested information. The CIC, in its decision dated 23.08.2024, directed the PIO to furnish a revised reply and facilitate an inspection of relevant records within specified timeframes. Due to continued non-compliance, the petitioner filed a non-compliance application on 19.10.2024. 10. Likewise, in application bearing diary no. 646640 dated 21.10.2024, the petitioner had filed an RTI on 12.05.2023 before the PIO of MCD This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23 Keshav Puram Zone but received no response. A First Appeal was filed, and the Appellate Authority directed the PIO to provide complete information within 10 days, which was not complied with. A Second Appeal was then filed, after which the CIC observed partial information was given, and directed the remaining details be provided within 3 weeks. As there was still no compliance, the petitioner filed a non-compliance application on

21.10.2024. 11. It is submitted that despite the clear and binding directions issued by the respondent in all these matters, the concerned PIOs have failed to comply with the orders. The petitioner is aggrieved by the prolonged inaction on the part of the respondent in adjudicating the non-compliance applications. Hence the petitioner has filed the present petition. 12. Having considered the submissions and taking note of the limited prayer sought, this Court finds it appropriate to dispose of the present petition with a request to the respondent to decide the petitioner’s above- mentioned applications in an expeditious manner, preferably within a period of eight weeks from today. 13. Accordingly, the present petition stands disposed of in the above terms. APRIL 7, 2025/sv SACHIN DATTA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:23

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