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Mumbai: Under the Right to Information Act (RTI), information cannot be construed to adjudicate a case or cause delay in taking a decision and hence cannot be sought in an RTI application, the Bombay High Court said in a judgment. .
The Central Information Commission (CIC) has imposed a fine of Rs on the secretary of the Bar Council of Maharashtra and Goa (BCMG). Passed an order to impose a fine of twenty five thousand. Sonak and Nyaa. The Jain bench passed the quashing order.
Citing Section 2F of the RTI Act, the court said the information can be in the form of records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data materials. Defined in. Information in electronic form and relating to a private organization can be obtained by a public organization under any other law.
Therefore the reason for delay does not fall within the definition of information provided under the Act. In many cases the cause depends on the circumstances. Therefore, the court recorded and ordered that the claimant cannot ask the reason for the delay of three years in the disposal of the preliminary inquiry against the concerned lawyer.
The judge said that the claimant could apply for the diary and thereby try to find out the reason for the delay in disposal of the investigation.
The court said that although the Secretary had given an explanation for not issuing the order citing a death in the family, the CIC ignored it and issued an order imposing fine, which should not have been imposed.