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1 - 9 of 9 (0.44 seconds)Section 19 in The Right to Information Act, 2005 [Entire Act]
Section 20 in The Right to Information Act, 2005 [Entire Act]
Section 7 in The Right to Information Act, 2005 [Entire Act]
Registrar Of Companies & Ors vs Dharmendra Kumar Garg & Anr on 1 June, 2012
Now, being a Complaint under Section 18 of the RTI Act, the facts of the case do
not warrant any action under Section 18(2) of the RTI Act against the CPIO as it
does not bear any mala fides or an intention to deliberately obstruct the access to
information as alleged by the Complainant. Here, it is relevant to quote a
judgment of the Hon'ble Delhi High Court in the matter of Registrar of Companies
& Ors v. Dharmendra Kumar Garg & Anr. [W.P.(C) 11271/2009] dated
01.06.2012 wherein it was held:
The Indian Penal Code, 1860
Chief Information Commr.& Anr vs State Of Manipur & Anr on 12 December, 2011
In this regard, attention of the parties are invited
towards a decision of the Hon'ble Supreme Court in the case of Chief Information
Commissioner and another Vs. State of Manipur & Another reported in
MANU/SC/1484/2011 : AIR 2012 SC 864; wherein their Lordships have held that
"the remedy for a person who had sought information and was refused
information, was to make an appeal under Section 19 of the RTI Act. Their
Lordships have held that the nature of power under Section 18 of the Act is
supervisory in character whereas the procedure under Section 19 is an appellate
procedure and a person who is aggrieved by refusal in receiving the information
which he has sought for can only seek redressed in the manner provided in the
statute, namely, by following the procedure under Section 19. Section 7 read with
Section 19 provides a complete statutory mechanism to a person who is aggrieved
by refusal to receive information. Such person has to get the information by
following the aforesaid statutory provisions. Sections 18 and 19 of the Act, serve
two different purposes and lay down two different procedures and provide two
different remedies. One cannot be a substitute for the other. While holding so, the
Hon'ble Supreme Court has clarified the position that an appeal under Section 18
of the Act cannot be filed before the Chief Information Officer. In the instant case,
a complaint is filed under Section 18(1) of the Act. In the light of the judgment of
the Hon'ble Supreme Court, the complaint made by the second respondent herein
is not sustainable."
Section 9 in The Right to Information Act, 2005 [Entire Act]
The Right to Information Act, 2005
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