Technical and procedural arguments cannot be allowed to come in the way of substantial justice

Delhi High Court: While dismissing a writ petition that challenged a Central Information Commission order, a single-judge bench of Manmohan, J., held that the High Court is not an appellate Court of the CIC and thus technical and procedural arguments cannot be allowed to come in the way of substantial justice.

In the instant case, the petitioner have challenged an order whereby CIC, on an RTI application by an NLSIU student, has directed the petitioner to upload all the latest amended bare Acts and to examine the functionality of its e-mail ID and develop an appropriate RTI filing mechanism. It was contented by the petitioner that the respondent has never filed an RTI application in the prescribed form. Moreover, the respondent had not filed the first appeal and hence the second appeal could not have been entertained by the CIC. The Court observed that the order has been challenged on mere technical and procedural grounds and the directions given by the CIC are not only fair and reasonable but also promote the concept of rule of law.

The Court further noted that public can be expected to follow the law only if law is easily accessible and Section 4(1) of the RTI Act itself mandates the Government to place the bare acts in public domain. The CIC has also directed the petitioner to pay Rs.10,000/- under Section 19(8)(b) of the RTI Act to the library of NLSIU. The Court took notice of the fact that in challenging the imposition of costs of Rs.10,000/-, the petitioner would have spent more money in filing the present writ petition. Consequently, the costs of Rs.10,000/- was directed to be recovered from the salary of the Government officials who authorized the filing of the writ petition. [Union of India v. Vansh Sharad Gupta, 2016 SCC OnLine Del 3383, Decided on 24.05.2016]

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