Permitting Public Entity To Not Dispose Of RTI Application In Timely Manner Would Defeat The Purpose Of Right To Information Act

Background of the Case

• Cradle Life Sciences Pvt Ltd was displeased with the Union of India's Public Information Officer, Ministry of Chemicals and Fertilizers, and the BPPI for not responding to two RTI applications.
• The case is titled "Cradle Life Sciences Pvt Ltd v. UOI & Anr.".
• According to the petitioner company, the Bureau of Pharma Public Sector Undertakings of India (BPPI) had invited applications for appointment as distributor in 15 different states.
• As a result, the petitioner company applied to be appointed as BPPI's distributor in Bihar.
• The petitioner company filed an RTI application on December 14, 2020, seeking information under the RTI Act, and a second RTI application on December 31, 2020, seeking additional information under the Act.
• The case was before Delhi High Court.

Petitioner's Submissions

• The petitioners submitted that the BPPI had shortlisted the petitioner company and two other applicants after evaluating their applications.
• Furthermore, the petitioner's office and godown were physically inspected by a BPPI representative.
• Instead of three candidates initially selected, the petitioner stated that BPPI conducted a second inspection of four shortlisted applicants.
• This action of BPPI aggrieved the petitioner company, and they hence had filed an application.

Respondent's Submissions

• Counsel appearing on BPPI's behalf submitted to the Court that the High Court dismissed a similar petition in January of this year.
• The Counsel, therefore, stated that the current petition was not necessitated.

Observations by the Court

• On August 31, 2021, the Supreme Court held that allowing a public entity, in this case, the Bureau of Pharma Public Sector Undertakings of India (BPPI), to fail to respond to an RTI application within a reasonable time would defeat the purpose of the Right to Information Act, 2005.
• The Court also stated that there is no reason why the BPPI should not process the petitioner's RTI applications as quickly as possible.
• The Court granted the writ petition, instructing BPPI to expeditiously decide RTI applications and issue an order after following the prescribed procedure within four weeks.