Case Note & Summary
The petitioner, Maharashtra Small Scale Industries Development Corporation, a Government of Maharashtra undertaking, challenged an order passed by the State Information Commission (respondent No.2) on a complaint filed by respondent No.1, Saurabh Agrawal, under Section 18 of the Right to Information Act, 2005. The impugned order directed the petitioner to supply photocopies of documents as demanded by respondent No.1 after inspection, and further directed the Joint Managing Director of the petitioner to cause an enquiry by a competent officer regarding the delay caused by officers in giving inspection and supplying photocopies. The petitioner argued that inspection of all records had already been given and photocopies of 4419 pages had been supplied, and that the grievance was non-existent. The petitioner also contended that the State Information Commission had no power under Section 18 to direct a departmental enquiry. The court examined the scope of Section 18 of the RTI Act and held that the Commission's powers are limited to inquiring into complaints regarding refusal or delay in providing information, and do not extend to directing disciplinary proceedings against officers. The court found that the direction for a departmental enquiry was beyond the powers conferred by the Act. Consequently, the court quashed the impugned order to the extent it directed the enquiry, but upheld the direction to supply photocopies, noting that the petitioner had already complied with that part. The petition was partly allowed.
Headnote
A) Right to Information - Powers of Information Commission - Section 18 of Right to Information Act, 2005 - The State Information Commission, while dealing with a complaint under Section 18, has no power to direct a public authority to conduct a departmental enquiry against its officers for delay in providing information. The Commission's powers are limited to ensuring compliance with the RTI Act and do not extend to directing disciplinary proceedings. (Paras 5-6) B) Right to Information - Scope of Section 18 - Section 18 of Right to Information Act, 2005 - The Commission can only inquire into complaints regarding refusal to provide information, delay, or other violations under the Act, but cannot issue directions for departmental enquiries. Such directions are beyond the scope of the Act. (Paras 5-6)
Issue of Consideration
Whether the State Information Commission, while exercising powers under Section 18 of the Right to Information Act, 2005, can direct a public authority to conduct a departmental enquiry against its officers for delay in providing information.
Final Decision
The petition is partly allowed. The impugned order passed by the State Information Commission is quashed to the extent it directs the Joint Managing Director of the petitioner-Corporation to cause an enquiry by a competent officer regarding the delay. The rest of the order is not interfered with.
Law Points
- Section 18 of RTI Act does not confer power to direct departmental enquiry
- Information Commission's powers limited to ensuring compliance with RTI Act
- No power to impose penalties or direct disciplinary action
