Can i file writ petition against rti commn

This query is : Resolved 

Querist : Anonymous (Querist)
18 February 2020

Sir I filed 5 Nos. 2nd appeal to state Commr and pending over one yr. Still i couldn't get information from 3 department PIOs. I need it as doc evidence to produce in a court. All are tender related. Can i file writ petition against RTI Commn including 3 PIOs as respondents in HC to furnish info quick? TQ.

P. Gopinath

Raj Kumar Makkad (Expert)
18 February 2020

As Your appeals have not been decided within the stipulated time by the appellate authority so you have every right to approach further appellate authority as per provisions of RTI act and failing which you may approach to high court.

Hemant Agarwal (Expert)
19 February 2020

1. You can file WP in HC, seeking directions to SIC, to dispose of your pending applications, within a Court directed given time-frame. That's it .... Nothing Further.

2. Via WP, you can seek directions from HC to the SIC, to hear & finalize "ALL" Appeal /Complaint matter's, within a statutory time limit, which will be as an absolute rule. (It is a far-fetched desire of ALL RTI activists).

Keep Smiling .... Hemant Agarwal

19 February 2020

Dear Sir,
Yes, you can file a mandatory direction writ petition for earlier disposal of your petitions by the concerned authorities.

Raj Kumar Makkad (Expert)
19 February 2020

Direction under section 482 Criminal Procedure Code is very easy to be obtained against any authority not performing its job as per law.

Sudhir Kumar (Expert)
21 February 2020

You can

Dr J C Vashista (Expert)
22 February 2020

You can move to High Court for a writ of mandamus under Article 226 / 227 of the Constitution of India, 1950 through a local prudent lawyer.

Dr J C Vashista (Expert)
22 February 2020

There is no time limit for the Appellate Authority to decide an appeal under Section 19 of the Right to Information Act, 2005

T. Kalaiselvan, Advocate (Expert)
23 February 2020

You may have to first exhaust the remedies available before you to approach the next appellate authority in this regard.
After that you may approach high court with a writ petition seeking the desired relief as per law.

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