Saturday, March 7, 2026

Latest:

Bombay HC Quashes Deemed Conveyance – Prior Civil Suit Unconditional Withdrawal Bars Fresh Application of Society under Section 11 MOFA.
Section 11 of MOFA – Deemed Conveyance – Postponement till formation of Apex Body of Societies
Bombay HC – Section 11 of MOFA – Deemed Conveyance – Objections of Promoter that Project was not complete and balance FSI is available for future development.
Bombay HC Clarifies Membership Law – Unregistered Transfers Cannot Confer Housing Society Rights and Ownership
Bombay HC – Termination Disputes Outside Section 91 of the Maharashtra Coop Societies Act – Reaffirms Supreme Court Precedent

RTI Act – Disciplinary Inquiry against First Appellate Authority

August 9, 2025 legaldeli

Judgment dated 25.7.2025 of the High Court of Bombay, Bench at Nagpur, in Writ Petition No.667 of 2021 of the Education Officer (Primary) Zilla Parishad, Nagpur Vs. The State Information Commissioner, Nagpur and others

RTI Act – Disciplinary Inquiry against Education Officer for delay in deciding first appeal

By the order dated 10.1.2020, the Respondent No.1 has recommended disciplinary inquiry against the petitioner Education Officer for alleged violation of Section 19(6) of the RTI Act, 2005.

The respondent no.2 filed first appeal before the Petitioner treating the reply of the Public Information Officer as non-supply of information. The first appellate authority issued the notice of hearing on 4.2.2019. However, the respondent no.2 filed second appeal before the State Information Commissioner even before hearing and decision of the first appeal.

During the pendency of the second appeal, the first Appellate Authority supplied the information in 11 pages on 15.1.2020.

In the meanwhile, final order in second appeal was passed on 10.1.2020 and the State Information Commissioner gave directions to recommend disciplinary inquiry against the Education Officer for delay in deciding the first appeal.

HELD that section 20(2) does not provide for any power to recommend disciplinary action against the First Appellate Authority. Section 20 is penal provision and expanding the provision to the Appellate Authority is not contemplated. The impugned order shows that by referring to Section 19(6) of RTI providing time of 45 days for the Appellate Authority to decide the appeal that the penal provision of section 20(2) is invoked. The petitioner has elaborately pointed out the circumstances including post remaining vacant for long period, the appeal could not be decided in 45 days. The impugned order is apparently passed without notice or hearing to the petitioner.

Leave a Reply Cancel reply

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.