Saturday, May 16, 2015

INFORMATION COMMISSIONER HAS NO LOCUS STANDI TO FILE APPEAL

INFORMATION COMMISSIONER FINED Rs 1 LAC BY SUPREME COURT
A RTI applicant requested the Karnataka High Court for certified copies of some information/documents regarding guidelines and rules pertaining to scrutiny and classification of writ petitions and the procedure followed by the Karnataka High Court in respect of Writ Petition Nos.26657 of 2004 and 17935 of 2006. The PIO refused the information on the grounds that the applicant should seek the information under the Karnataka High Court rules. When the matter went to the State Information Commission it disagreed with the PIO and ordered the information to be provided under the RTI Act.

The Commission’s order was challenged by the PIO in the Karnataka High Court which named the applicant as a respondent in the case and quashed the Commission’s order.

The Commission challenged this order before the Supreme Court and the petition was filed by an Information Commissioner. The Court took offense to the petition being filed by an Information Commissioner and said that the Commission and Commissioner have no locus standi and were wasting public money by challenging the order. In a harsh snub it imposed a cost of Rs. 100000 on the Commission.