NAYANMONI 09 March 2020

Writ petition

Dear Sir/Madam,

I want to know whether or not a writ petotion can be filed based on a RTI application which was never replied even after filing the second appeal with the state information commission.of Assam. it's a two year old case and i couldn't proceed due to some personal reason. i filed a RTI application to a Panchayat secretery asking some query related to IAY and MGNREGA schemes where widespread annomalies occured way back in 2018. he never replied to my queries even after filing the first appeal and second appeal respectively. i contacted the honourable PM of india and CM of Assam but they didn't provide me reply to that. i have all the documents as evidence. i want to know can i get the information without filing another RTI application or will i be able to file a writ petition on GUWAHATI high court?

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3 Replies

G.L.N. Prasad (Retired employee.) 10 March 2020

When a specific act states remedy for the process, one can go for a writ before HC only after exhausting all the steps as per the Act. So, in this case, if you wanted only information, you can only approach HC after deciding on the appeal by SIC and if you are not satisfied with such SIC decision.

Even without going to RTI, if there is larger public interest concerned with welfare schemes the pgrms ONLINE portal is the best and one can file PIL also. For grievance petition and PIL before HC, one should avoid mentioning the RTI process.

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NAYANMONI 13 March 2020

Thank you Sir for your reply. in this respect i want to know one thing from you is it not possible to file writ petition based on a RTI appliction? actually sir, my every effort has been exhausted. there was no reply from SIC too. what should i do now? should i file another RTI application or is there any other option to get the information?

G.L.N. Prasad (Retired employee.) 13 March 2020

IF PIO IS RESPONDING PROPERLY , THEN RTI APPLICATION CAN BE FILED BY SOME OTHER.

IF NOT sec.23 steps in :

Sec.23: Bar of jurisdiction of Courts: No court shall entertain any suit, application or other proceedings in respect of any order made under this act and no such order shall be called in question otherwise than by way of an appeal under this act"

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