Table of Contents
Composite Petition under RTI Act
If the petitioner has sought the required information under Section 19(3) of the RTI Act 2005 along with compensation under Section 19(8)(b)/ Section 19(8)(a)(v) of the RTI Act 2005 or any other provision of the RTI Act 2005 and also the penal action/disciplinary action against the erring officials under Section 20(1)/20(2) of the RTI Act 2005, in that case, this petition may be legally construed as
composite petition in the light of provisions of RTI Act 2005.
Delhi High Court Decision
Having noted the position of law as laid down by the Supreme Court, it is clear that Sections 18 and 19 serve two different purposes; lays down two different procedures; and provide two different remedies. Commission feels that the composite petitions of such nature are not legally tenable, simply because, if the penal action & disciplinary action are allowed on such composite petition, the incorporation of Section 20(1) & 20(2) of the RTI Act 2005 would be rendered as redundant and meaningless.
So, it is for the petitioner to file a complaint under Section 18 and appeal under Section 19 incorporating the prayers as referred to above separately and distinctly. If such a complaint and appeal are filed the same shall be considered by the CIC in accordance with law.
CIC Decisions
“Further, in other words, it may be stated here that the reliefs provided under section 19(8)(b) of the RTI Act 2005 are legally permissible to be provided to the petitioner if he wishes to file the petition u/s 19(3) of the RTI Act 2005 i.e. second appeal only before this Commission. Similarly, the reliefs provided under Sub Clause (1) & Sub Clause (2) of Section 20 of the RTI Act 2005 are legally permissible to be provided to the petitioner, in case, he wishes to file the petition u/s 18 of the RTI Act 2005 i.e. a complaint before this Commission and, however, not in otherwise.”
“In other words, it may be stated here that the relief provided under section 19(8) (a)(v) of the RTI Act 2005, is legally permissible to be provided to the petitioner, if he wishes to file the petition u/s 19(3) of the RTI Act 2005 i.e. second appeal only before this Commission. Similarly, the reliefs provided under Sub Clause (1) & Sub Clause (2) of Section 20 of the RTI Act 2005, are legally permissible to be provided to the petitioner, in case, he wishes to file the petition u/s 18 of the RTI Act 2005 i.e. a complaint before this Commission and, however, not in otherwise.”
In the absence of expressed & enabling provisions under the RTI Act 2005 to file the composite petition, the composite petition is devoid of merit and deserves to be dismissed.
Courtesy: RTI Rajendran
Download the decision of the Delhi High Court
Download the Decisions of CIC on the composite petition.