- The High Court of Kerala held that when a complaint is filed before the State Information Commission for illegal denial of information under Section 18 of the Right To Information Act, it can impose a penalty on the Public Information Officer.
- However, it does not empower the State Commission to direct the Public Information Officer to furnish such information.
- The Division Bench observed that the aggrieved cannot resort to Section 18 of the RTI Act to get access to the information, even in case it is withheld as the statute provides for a statutory mechanism to the aggrieved under Section 19 when refused to provide information.
- In a complaint lodged under Section 18, the Commission is empowered to impose a penalty but not direct the PIO to furnish the requested information.
- It was held that, by a complaint filed under Section 18 of the RTI Act when there is illegal denial or withholding of information. Upon such a complaint the State Commission can only impose a penalty but cannot direct the Public Information Officer to furnish the requested information.
- In this case, the revision petition moved by the State Information Commission was done on exceptional grounds laid down by the Court by invoking XLVII, Rule 1 of CPC.
- The Standing Counsel for State Information Commission contended that a view taken in the impugned order which stated that a requester being denied information is to file an appeal under Section 19 and not under Section 18 to the State Commission, is against the principle laid down by Supreme Court and High Courts in their decisions.
- They argued that the judgment deprives a person to whom information is denied, the right to file a complaint under Section 18 of the RTI Act and is erroneous.
- The Court observed that when a person applies or requests any information under Section 6 of the RTI Act and did not receive any response, it is deemed that he has been refused access to the information which is dealtwith under Section 7 of the Act. The only recourse is under Section 19 of the RTI Act.
- One has to follow the appellate procedure under Section 19 for redressal in getting access to information only in the manner provided in the statute.
- The Court further observed that when the statute under Section 19 provides a statutory mechanism to the aggrieved person on refusal to access information, he can avail the same through the statutory provisions. However, he cannot resort to Section 18 as it does not vest powers with the commission to grant access to information.
- The impugned judgment to an extent, when an application for information filed under Section 6 of the RTI Act is rejected, then the applicant is not entitled to file a complaint under Section 18 of the RTI Act.
- The Court disposed off the review petition and upheld that a person can invoke State Information Commission jurisdiction through a complaint filed under Section 18 of the act when there is an illegal denial or withholding of information. The court can impose penalties for such matters but cannot direct PIO to furnish information under the powers conferred to State Information Commission.
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