Writ petition challenging CIC orders in an RTI second appeal over MPLADS fund information. The High Court held the CIC had no jurisdiction to comment adversely on MPs' use of MPLADS funds and expunged such observations in paragraphs 62-63 of the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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UNION OF INDIA THROUGH MOSPI ..... Petitioner
Through: Mr. Rahul Sharma, SPC with Mr. C. K. Bhatt, Mr. Ayush Bhatt, Advocates.
versus
RAM GOPAL DIXIT ..... Respondent
Through: Mr. Lalit Bhardwaj and Mr. Jatin Anand Dwivedi, Advocates.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 15.05.2024
“To,
CPIO Lok Sabha Sansad Bhawan, New Delhi
Subject:- Application under RTI Act, 2005 seeking certified copy of the following information related to:-
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W.P.(C) 5252/2020
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 11:55:13
i) Work initiated, pending and completed by Sh. Rajesh Diwakar, Hon'ble Member of Parliament, Hathras Constituency.
ii) Report of the development and public welfare work initiated by Sh. Rajesh Diwakar, Hon'ble Member of Parliament, Hathras Constituency.
iii) Name of the agencies involved in the construction/initiation/ completion of various projects of Public Welfare in Hathras Constituency.
iv) Details of funds spent on such work etc. in Hathras Constituency, Uttar Pradesh by Sh. Rajesh Diwakar, Hon'ble Member of Parliament, Hathras Constituency.
v) Details of MPLADS fund utilization and status of works recommended and executed in North Eastern Railway such as Road/Railway Station, etc.”
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W.P.(C) 5252/2020
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 11:55:13
“18. Powers and functions of Information Commissions.— (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(f) in respect of any other matter relating to
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W.P.(C) 5252/2020
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 11:55:13
requesting or obtaining access to records under this Act.
(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
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W.P.(C) 5252/2020
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 11:55:13
the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.”
“62. According to the Annual Review of MPLADS Program published by Ministry of Statistics & Programme Implementation on 30.08.2018, Maximum Percentage Utilization of funds by Lakshadweep, A& N Islands, Kerala, Maharashtra and Tamil Nadu. Hon'ble Union Minister DV Sadananda Gowda through this circular calls upon states to take steps to ensure effective utilization of funds, reduce the pendency and settle the accounts.
63. The Commission noticed that some MPs are not spending their MPLADS amounts in the earlier years of their term, but deliberately accumulating the funds for last year, preferably before general elections to gain advantage improperly. The representatives could not say anything on this issue. The MPLADS is criticized for creating this kind of undue advantage to MPs vis-a-vis the contestants in the next election. If
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W.P.(C) 5252/2020
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 11:55:13
this is perpetuated there is a possibility of questioning it as unconstitutional. The Commission recommends the Ministry of Statistics and Program Implementation to prevent this kind of 'abuse' of MPLADS funds, and implement their guidelines to distribute the money equally in each year in five year term. This problem also can be tackled by introducing transparency measures by giving full details of the assets created, beneficiary classes or communities or areas or number of people those might get benefitted etc from time to time, so that voters know how their MP spent or not spent money every year and what works were completed or not completed. The Commission recommends taking measures to achieve these results. The Commission reiterates that it requires under Section 19(8)(a)(iii) of RTI Act, the public authority (Ministry of Statistics and Program Implementation) to make above referred changes to publish MP-wise, Constituency wise and work-wise details, and reasons for delay, if any, after duly procuring from the concerned district administration and ensure its voluntary disclosure under Section 4. Disposed of.”
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W.P.(C) 5252/2020
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 11:55:13
Ld. CIC regarding utilization of Members of Parliament Local Area Development Scheme (MPLADS) funds and the abuse of MPLADS funds stand eschewed. However, the portion whereby the Ld. CIC has directed the public authority under Section 19(8)(a)(iii) of RTI Act to publish MP-wise, Constituency wise and work-wise details of the funds is retained.
SUBRAMONIUM PRASAD, J
MAY 15, 2024 S. Zakir
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W.P.(C) 5252/2020
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/05/2024 at 11:55:13
1 issue framed by the court
Whether the CIC exceeded its jurisdiction by commenting on MPs' utilization of MPLADS funds in disposing of an RTI second appeal.
2 provisions across 1 enactments
Union of India through MOSPI
Ram Gopal Dixit
Subramonium Prasad
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
