Delhi High Court
R.K. Jain vs Central Information Commission on 22 May, 2015
Author: Rajiv Shakdher
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1972/2014
R.K. JAIN ..... Petitioner
Through: Mr J.K. Mittal & Mr Rajveer Singh,
Advs.
versus
CENTRAL INFORMATION COMMISSION ..... Respondent
Through: Dr. L.C. Singhi, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 22.05.2015
CM No. 9392/2015 (for directions by petitioner)
1. This is an application filed in a disposed of writ petition. The petition
was disposed of on 22.08.2014 based on the statement made on behalf of the
respondent, i.e., the Central Information Commission (in short the CIC), that
the petitioner's complaint will be considered and preferably disposed of
within a period of six months.
2. Learned counsel for the petitioner says that even though six months
have passed, no decision has been taken in the matter. It is the contention of
the learned counsel for the petitioner that this situation obtains as there is no
Chief Information Commissioner in place. For this purpose, he has drawn
my attention to letter dated 13.05.2015 issued to the petitioner by registrar of
CIC.
2.1 Learned counsel for the petitioner has also drawn my attention to an
order dated 10.04.2015, passed by me, in WP(C) No. 3283/2015 wherein, a
direction had been issued that the writ petitioner's appeal, pending with the
CIC, in that case, would be taken up for adjudication by the senior most
Information Commissioner.
3. Dr. Singhi, who appears on advance notice on behalf of the
respondent, says that order dated 10.04.2015 was passed in the
circumstances obtaining in that particular case. It is his contention that each
Information Commissioner, presently in position, carries a heavy case load
and, therefore, no general direction can be issued.
4. I have considered the contention of the learned counsels for the
parties. While, Dr Singhi may be correct with regard to according
expedition in the matters on account of heavy case load, the position taken
in the communication dated 13.05.2015, issued to the petitioner, that no
matter, which has been administratively allocated to the Chief Information
Commissioner, will be dealt with, till a Chief Information Commissioner is
in position, leads to delays and complications, which can be avoided. The
Right to Information Act, 2005 does not prohibit the matters to be taken up
by Information Commissioner. That is not even the position taken by Dr.
Singhi.
5. In these circumstances, it is felt necessary to direct the CIC to
distribute the cases, allocated administratively to the Chief Information
Commissioner, to all Information Commissioners, who will then take up the
matters according to seniority, and wherever necessary, expedite the hearing
in the cases falling within their respective domains.
6. Mr Singhi tells me that, broadly two types of cases are set down for
expedited hearing. The first of kind being, those which relate to senior
citizens, and the other category being, those which pertain to persons
suffering with disability.
7. In my view, the CIC will have to re-visit the issue, as there may be
other categories which may also require expedition, such as those which
concern life and liberty. The CIC should, therefore, re-visit this issue and
examine as to whether there are other categories of cases which could
require expedited hearing.
7.1 Apart from this, the CIC, in my view, should maintain a register
digitally or otherwise, which should record the date of institution of each
case, so that matters which are not set down for expediting hearing, can be
taken up chronologically.
8. In so far as the petitioner is concerned, the Information
Commissioner, in terms of the aforesaid order, will take suitable action in
the matter.
9. With the aforesaid directions in place, the application stands disposed
of.
RAJIV SHAKDHER, J
MAY 22, 2015
kk
