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Orissa HC Quashes RTI Order, Raps State Information Commission for ‘Non-Application of Mind’

The court tightened RTI oversight by ordering a rapid rehearing with costs against a Bhadrak official.

Overview

  • Justice V. Narasingh set aside the Commission’s February 2024 dismissal of an RTI appeal, citing a failure to examine the record.
  • The court remitted the case to the State Information Commission for a fresh, merits-based hearing to be concluded preferably within 45 days.
  • It ordered the Tahasildar of Bhadrak to pay ₹50,000 to petitioner Hemanta Nayak, with the state allowed to recover the sum from responsible officials.
  • The judge criticized the Commission for mechanically accepting the state’s contradictory stance that information was both unavailable and already supplied, warning the RTI law would become a “dead letter.”
  • Invoking Kafka’s The Trial, the order noted a years-long struggle for records tied to alleged encroachment of a community pond in Kuansh village that began with a 2017 representation and a 2018 RTI.