Source: Bombay High Court

Why in News?

Justice Devendra Upadhyaya and Justice Arif Doctor has observed that Maharashtra State Information Commission (SIC) to establish a reasonable time limit for the expedited disposal of second appeals and complaints filed under the Right to Information (RTI) Act, 2005.

• The Bombay High Court gave this judgment in the case of Shailesh Gandhi and Ors. v. Maharashtra State Information Commission.

What is the Background of Shailesh Gandhi and Ors. v. Maharashtra State Information Commission Case?

• A Public Interest Litigation (PIL) was filed by former Chief Information Commissioner Shailesh Gandhi and a group of RTI activists, seeking more efficient functioning of the SIC.
• The PIL emphasized the protracted duration taken for the disposal of second appeals, citing instances where the delays led to frustration among information seekers.
• The petitioner referred to the Calcutta High Court's stance, which suggested a reasonable time limit of 45 days for the disposal of second appeals similar to that for the disposal first appeal.
• He further submitted that the Madras HC, Bombay HC, and J&K HC had earlier sought a roadmap for the disposal of the second appeal.
• The court noted that while a statutory time limit of 45 days exists for first appeals, there is no such time limit for the disposal of second appeals.
• The Bombay HC acknowledged the imperative for the efficient functioning of the Commission and the desirability of early disposal of appeals and complaints and directed the SIC to take appropriate steps to formulate a reasonable time limit for the early disposal of second appeals and complaints.
• It directed the counsel for the SIC to report on the steps taken in compliance with this order by the next hearing scheduled for March 6, 2024.

What were the Court’s Observations?

• Once the Commission starts functioning with full roster including the Chief Information Commissioner and other Commissioners, it would be appropriate to evolve and work out certain norms for more efficient functioning which would include chalking out some reasonable time limit for disposal of second appeal under the RTI Act.
• Accordingly, a copy of the order shall be placed before the SIC who shall take appropriate steps to formulate some reasonable time limit and prescribe the same for early disposal of second appeals and complaints.

What is the Concept of Second Appeal under Right to Information Act, 2005?

• About RTI Act:
  • The Right to Information is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information.
  • It replaced the former ‘Freedom of Information Act, 2002’.
• Concept of Second Appeal under RTI Act:
  • Second Appeal under RTI Act is defined under Section 19 (3) of the Act.
  • A second appeal under the RTI Act becomes necessary when an appellant is dissatisfied with the decision of the First Appellate Authority.
  • The second appeal is filed with the Information Commission, which is an independent body established under the Act.
    • Each state has its own State Information Commission, and at the national level, there is the Central Information Commission (CIC).
• Time Period:
  • The filing of the Second Appeal is permissible either 45 days after submitting the First Appeal or immediately following the decision of the First Appellate Authority.
  • It is essential to submit the Second Appeal within 90 days of either receiving the First Appellate Authority's decision or after the expiration of the initial 45-day period if no response has been received.
  • Regarding delays, if the Second Appeal is lodged more than 90 days after the appellant received the decision from the First Appellate Authority, the Commission may consider admitting the appeal if convinced that the appellant had a valid reason preventing them from filing within the stipulated time.