Orissa High Court Quashes State Information Commission's Order, Directs Fresh Consideration Under RTI Act

Tahasildar Ordered to Pay Rs. 50,000 for Causing Undue Hardship to Petitioner Seeking Information on Land Encroachment

In a significant ruling, the Orissa High Court has set aside an order by the State Information Commissioner, which had mechanically accepted the contradictory stand of state authorities regarding the non-availability of information sought under the Right to Information Act, 2005. The judgment, delivered by Justice V. Narasingh, remits the matter back to the State Information Commissioner for fresh consideration, highlighting the importance of the citizen's right to information and the need for due diligence by information authorities.

The petitioner, Hemanta Nayak, along with other villagers from Kuansh, Bhadrak District, sought information concerning the encroachment and status restoration of Jalasaya Plot No.1765. Despite multiple representations to the state authorities, including the Chief Secretary, and subsequent inquiries directed by the Revenue Department, Nayak faced bureaucratic hurdles in obtaining relevant information.

The High Court criticized the State Information Commissioner for failing to scrutinize the contradictory stand of state authorities, which claimed non-receipt of Nayak's petition while simultaneously stating that point-wise replies were provided. Justice Narasingh emphasized that such oversight undermines the RTI Act's purpose, which is to ensure transparency and accountability in governance.

In a Kafkaesque turn of events reminiscent of bureaucratic trials, Nayak's plight led the court to impose a cost of Rs. 50,000 on the Tahasildar of Bhadrak for causing undue hardship through unnecessary litigation. The court granted the state liberty to recover the amount from the concerned officials.

The matter, which originated from a 2018 RTI application, is to be reheard by the State Information Commissioner, with directions for expeditious disposal within 45 days. The High Court's decision serves as a reminder of the judiciary's role in safeguarding citizens' rights against administrative apathy and inefficiency.

Bottom Line:

Right to Information Act, 2005 - Incongruous and contradictory stand of State authorities regarding availability of information amounts to denial of a citizen's right to information - Order of State Information Commissioner mechanically accepting such stand set aside - Matter remitted back for fresh consideration - Tahsildar directed to pay costs of Rs. 50,000/- to the petitioner for causing undue hardship.

Statutory provision(s):- Right to Information Act, 2005, Sections 19(8), 19(7), 23

Hemanta Nayak v. State of Odisha, (Orissa) : Law Finder Doc Id # 2792974