Orissa HC issues notice to info panel for ‘arbitrary’ dismissal of RTI complaint

Bhubaneswar, July 23 (UNI) The Orissa High Court issued notice to Odisha Information Commission seeking reply on the allegation of arbitrary dismissal in a complaint case.

Petitioner Nivedita Roy had filed an RTI application on September 21, 2021 before Public Information Officer (PIO), Chauliaganj Police Station in Cuttack city seeking information about a complaint lodged against her husband Bibhuti Ray. Besides, she sought a copy of CCTV footage of the police station.

The petitioner stated that as the information relates to life and liberty, the information should be provided within 48 hours. The PIO did not respond to the RTI Application.

As the information was not supplied, she filed a complaint before Odisha Information Commission under section 18 of the RTI Act with prayer for imposition of penalty on erring PIO and compensation under section 19 (8) (b) of the RTI Act.

Though about four years elapsed since the filing of the complaint, the commission without hearing the matter sent a impugned order for dismissing the case on the ground that the petitioner has not approached the First Appellate Authority under section 19 (1) of the RTI Act with reference to an order by Supreme Court.

Aggrieved by this arbitrary order, the petitioner approached the High Court seeking dismissal of the order of the commission, as it violated the natural justice and against Provision of Rule 6(4) of Odisha Information Commission (appeal procedure) Rules, 2006.