Disposed¶37

Rishi Jindal v. Central Information Commission

Delhi HC7 Apr 2025W.P.(C)/4397/2025

Case brief

AI extract

What is this about?

Keywords: RTI Act 2005; Right to Information Act, 2005; non-compliance application; Central Information Commission; CIC; Public Information Officer; PIO non-compliance; MCD Rohini Zone; MCD Keshav Puram Zone; Sh. R.P. Gupta Executive Engineer; Section 5(4) RTI Act; second appeal; first appeal; expeditious disposal; eight weeks; direction to CIC; pending applications; Diary Nos. 646423, 646640, 645586, 623461, 619296, 114409; W.P.(C) 4397/2025; Delhi High Court; Sachin Datta J.; CM APPL. 20289/2025 exemption; digitally signed order 07.04.2025.

What did the court decide?

Request to the respondent (Central Information Commission) to decide the petitioner's six pending non-compliance applications in an expeditious manner, preferably within a period of eight weeks from the date of the order. ¶37

Rishi Jindal Vs Central Information Commission — Delhi HC (2025) — LawSathi Research

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$~102

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 4397/2025 RISHI JINDAL .....Petitioner

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Through: Mr. Prateek Jindal, Mr. Satyam Sondh, Advs. (through v/c)

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versus

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CENTRAL INFORMATION COMMISSION .....Respondent Through:

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 07.04.2025

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CM APPL.20289/2025 (Exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 4397/2025

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The petitioner has filed the present petitioner seeking directions to the respondent for the expeditious disposal of the petitioner’s pending ‘noncompliance’ applications, which were filed before the respondent. The details of the said applications are as under :

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i. Diary No. 646423 dated 19.10.2024

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ii. Diary No. 646640 dated 21.10.2024

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iii. Diary No. 645586 dated 14.10.2024

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iv. Diary No. 623461 dated 14.05.2023

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v. Diary No. 619296 dated 08.05.2024

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vi. Diary No. 114409 dated 08.05.2024

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This is a digitally signed order.

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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 15/04/2025 at 16:33:23

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It is submitted that these applications have been pending adjudication for an unreasonably long period of time before the respondent.

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It is submitted that the said applications have been filed by the petitioner in the light of continued non-compliance and disregard by the concerned Public Information Officers (PIOs) towards the decisions passed by the CIC in favour of the petitioner. The petitioner has sought information under the Right to Information Act, 2005 (RTI Act) in multiple cases dating back to as early as 2019.

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The factual background that has resulted into the filing of the application bearing diary no. 623461 dated 14.05.2023 is that the petitioner had originally filed an RTI application on 01.05.2022 with the Municipal Corporation of Delhi, Rohini Zone, but received no response. A First Appeal was thereafter filed on 09.06.2022, resulting in a directive from the Appellate Authority on 06.07.2022 instructing the PIO to provide a specific reply within 7 days. However, it is submitted that the PIO submitted a misleading response on 08.07.2022. Subsequently, a Second Appeal was filed with the CIC on 26.07.2022. CIC vide order dated 03.03.2023 directed the PIO to furnish complete and correct information within 21 days. Due to non-compliance of the said order, the petitioner filed a non-compliance application on 14.05.2023, which remains pending.

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Similarly, in application bearing diary nos. 619296 & 114409 dated 08.05.2024, the petitioner filed an RTI on 02.05.2019 with the MCD Rohini Zone, but received an incomplete and misleading response. A First Appeal was filed, resulting in an order directing the PIO to provide a proper reply, which was not complied with. A Second Appeal was then filed before the CIC. CIC vide order 29.07.2021 directed the PIO to allow inspection of

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This is a digitally signed order.

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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 15/04/2025 at 16:33:23

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records and provide relevant information or submit an affidavit if records were untraceable, within 30 days. Due to continued non-compliance of the said order, the petitioner filed a non-compliance application on 08.05.2024.

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As regards application bearing diary no. 645586 dated 14.10.2024, the petitioner had filed an RTI application on 12.06.2023 before the PIO, Sh. R.P. Gupta, Executive Engineer (B-II), Keshav Puram Zone, seeking certain information. It is submitted that the PIO responded late, on 04.08.2023, only after the petitioner had already filed a First Appeal on 16.07.2023 due to no initial response, and even then, no information was provided. No decision was received on the First Appeal. The Petitioner then filed a Second Appeal on 10.09.2023 before the CIC. The CIC, in its decision dated 23.08.2024, directed the PIO to invoke Section 5(4) of the RTI Act and provide the remaining information (excluding Point No. 10 of the information sought therein) within 4 weeks. Due to non-compliance with this order, the petitioner filed a non-compliance application on 14.10.2024.

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In application bearing diary no. 646423 dated 19.10.2024, the petitioner filed an RTI on 14.09.2023 seeking specific information, but received no timely response from the PIO. A First Appeal was filed on 23.10.2023, followed by a Second Appeal on 23.12.2023. The PIO eventually replied on 10.01.2024, but without providing the requested information. The CIC, in its decision dated 23.08.2024, directed the PIO to furnish a revised reply and facilitate an inspection of relevant records within specified timeframes. Due to continued non-compliance, the petitioner filed a non-compliance application on 19.10.2024.

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Likewise, in application bearing diary no. 646640 dated 21.10.2024, the petitioner had filed an RTI on 12.05.2023 before the PIO of MCD

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This is a digitally signed order.

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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 15/04/2025 at 16:33:23

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Keshav Puram Zone but received no response. A First Appeal was filed, and the Appellate Authority directed the PIO to provide complete information within 10 days, which was not complied with. A Second Appeal was then filed, after which the CIC observed partial information was given, and directed the remaining details be provided within 3 weeks. As there was still no compliance, the petitioner filed a non-compliance application on 21.10.2024.

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It is submitted that despite the clear and binding directions issued by the respondent in all these matters, the concerned PIOs have failed to comply with the orders. The petitioner is aggrieved by the prolonged inaction on the part of the respondent in adjudicating the non-compliance applications. Hence the petitioner has filed the present petition.

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Having considered the submissions and taking note of the limited prayer sought, this Court finds it appropriate to dispose of the present petition with a request to the respondent to decide the petitioner’s abovementioned applications in an expeditious manner, preferably within a period of eight weeks from today.

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Accordingly, the present petition stands disposed of in the above terms.

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SACHIN DATTA, J

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APRIL 7, 2025/ sv

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This is a digitally signed order.

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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 15/04/2025 at 16:33:23

Procedural history

How this case reached the court

AI extract

Prior proceeding
RTI application dated 01.05.2022 to MCD Rohini Zone received no response; First Appeal dated 09.06.2022 produced an Appellate Authority directive dated 06.07.2022; PIO gave a misleading reply on 08.07.2022; Second Appeal filed with CIC on 26.07.2022; CIC vide order dated 03.03.2023 directed the PIO to furnish complete and correct information within 21 days; due to non-compliance, a non-compliance application dated 14.05.2023 (Diary No. 623461) was filed, which remains pending.¶24
Prior proceeding
As regards Diary Nos. 619296 & 114409 dated 08.05.2024: RTI dated 02.05.2019 to MCD Rohini Zone drew an incomplete and misleading response; the First Appeal order directing a proper reply was not complied with; CIC vide order dated 29.07.2021 directed the PIO to allow inspection of records and provide relevant information or submit an affidavit if records were untraceable, within 30 days; due to continued non-compliance, non-compliance applications were filed on 08.05.2024.¶28
Prior proceeding
Diary No. 645586 dated 14.10.2024: RTI dated 12.06.2023 before PIO Sh. R.P. Gupta, Executive Engineer (B-II), Keshav Puram Zone, answered late on 04.08.2023 after a First Appeal dated 16.07.2023, with no information provided and no decision on the First Appeal; Second Appeal dated 10.09.2023; CIC decision dated 23.08.2024 directed the PIO to invoke Section 5(4) of the RTI Act and provide the remaining information (excluding Point No. 10) within 4 weeks; non-compliance application filed 14.10.2024.¶29
Prior proceeding
Diary No. 646423 dated 19.10.2024: RTI dated 14.09.2023 received no timely response; First Appeal dated 23.10.2023; Second Appeal dated 23.12.2023; PIO replied on 10.01.2024 without the requested information; CIC decision dated 23.08.2024 directed a revised reply and facilitation of inspection of relevant records within specified timeframes; non-compliance application filed 19.10.2024 due to continued non-compliance.¶30
Prior proceeding
Diary No. 646640 dated 21.10.2024: RTI dated 12.05.2023 before the PIO of MCD Keshav Puram Zone drew no response; the Appellate Authority directed complete information within 10 days, which was not complied with; after the Second Appeal, the CIC observed partial information had been given and directed the remaining details be provided within 3 weeks; as there was still no compliance, the non-compliance application was filed on 21.10.2024.¶34
Prior proceeding
All six listed non-compliance applications (Diary Nos. 646423, 646640, 645586, 623461, 619296 and 114409) remained pending adjudication before the respondent despite clear and binding CIC directions, with the concerned PIOs having failed to comply; the petitioner was aggrieved by the prolonged inaction of the respondent in adjudicating these applications.¶22

Rishi Jindal v. Central Information Commission

Case brief

What is this about?

What did the court decide?

Rishi Jindal v. Central Information Commission

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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