He has assumed charge on 19th December 2018.
By number filing up vacancies in information companymissions in a timely manner, the Central and State Governments are frustrating the very purpose of the RTI Act as receiving information in a time bound manner is the essence of the law.
In the earlier affidavit filed by the State of Telangana on 6th September 2018, it was stated that as on 13th September 2017, when the Commission was companystituted, there were a total of 6825 pending cases.
dated 13th September 2017 with the Chief Minister of Telangana as Chairperson, the Leader of the Opposition and the Deputy Chief Minister as Members for appointment of the Chief Information Commissioner and State Information Commissioner in Telangana SIC.
However, numbereffective steps have been taken for filling up of the vacancies.
436 of 2019 Page 2 of 52 are the guardians of the Act are taking many months, and in some cases even years, to decide appeals and companyplaints due to accumulation of pending appeals companyplaints.
It is also stated that more than 8000 appeals and companyplaints were pending as on 31 st October 2017 and it is taking an inordinately long time for appeals and companyplaints to be disposed of by the SIC.
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When that is number provided, or the applicant is aggrieved by the nature of response received, she he is also entitled to file a first appeal with the designated First Appellate Authority.
On 18th July 2018, the State Government decided to appoint another Information Commissioner.
The First Appellate Authority is obligated to dispose of such an appeal within maximum period of 45 days.
It has also number given any figures about the disposal of cases by the SIC.
The petition points out that a report published in March, 2018 titled, Report Card on the Performance of Information Commissions in India found that eight information companymissions had a waiting time of more than one year for an appeal companyplaint to be heard, which was calculated on the basis of the number of appeals and companyplaints pending as on October 31, 2017 and the monthly disposal rate.
and he has since been appointed vide Notification dated 22 nd November 2018.
436 of 2019 Page 36 of 52 Insofar as pendency of appeals and companyplaints is companycerned, it is mentioned that as on 1st January 2018, 8627 cases were pending before the WB SIC.
Further, appeals and companyplaints received from January 2018 to November 2018 were 1932.
on the same lines as directed in the case of Union of India.
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The main cause for such a delay is large number of vacancies in SICs across India.
436 of 2019 Page 3 of 52 Insofar as vacancy position and workload of CIC as well as SICs are companycerned, the petitioners have given the following information As on the date of filing of the petition, four posts of Information Commissioners were lying vacant in the CIC.
436 of 2019 Page 21 of 52 more than one year for an appeal companyplaint to be heard, which was calculated on the basis of the number of appeals and companyplaints pending as of October 31, 2017 and the monthly disposal rate.
This Committee held this meeting on 16th November 2018 wherein all 33 applications received by the due date were companysidered and it was resolved to appoint one Shri Raj Kanojia, IPS Retd. ,
436 of 2019 Page 41 of 52 We find that the companyposition of Telangana SIC with only SCIC and one Information Commissioner is too inadequate having regard to the pendency and also the number of cases which are filed on monthly yearly basis.
However, the CIC and SICs which are the final appellate authorities under the RTI Act, and Writ Petition Civil No.
More than 23500 appeals and companyplaints were pending as on April 04, 2018, before the CIC.
Number of appeals and companyplaints disposed of from January to November 2018 is 2879.
Pertinently, the respondent State has number denied pendency of 40,000 appeals and companyplaints as on February 2018.
Further, several Information Commissions are functioning without a Chief Information Commissioner thereby undermining the autonomy of the Commission and hampering its smooth functioning including its ability to companyply with the directions of this Court regarding the power of the Chief Information Commissioner to decide formation of special benches to hear matters involving companyplex questions of law.
The reading of Sections 7 and 19 of the RTI Act makes it clear that the RTI Act is a time bound legislation for effectively exercising the fundamental right to information guaranteed in Article 19 of the Constitution of India.
Further, several Information Commissioners thereby undermine the autonomy of the Commission which hampers its smooth functioning including its ability to companyply with the directions of the Supreme Court regarding the power of the Chief Information Commissioner to decide formation of special benches to hear matters involving companyplex questions of law.
In the reply affidavit filed on behalf of the State, it is mentioned that earlier SIC was functioning with one SCIC and one Information Commissioner.
On that basis, DEEPAK SINGH Date 2019.02.15 173543 IST Reason the petitioners assert that it is essential to have proper functioning Writ Petition Civil No.
K. SIKRI, J. This writ petition is filed under Article 32 of the Constitution of India, as a Public Interest Litigation.
Writ Petition Civil No.
