Ms Sheetal v. The Chief Information. Commissioner

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13865/2024, CM APPL. 58037/2024 MS SHEETAL .....Petitioner Through:

Mr. Vikesh Rathi, Advocate.

versus THE CHIEF INFORMATION. COMMISSIONER .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 03.10.2024 1.

The present writ petition seeks directions to the Respondent to decide the second appeal filed by the Petitioner in respect of his application filed under the Right to Information Act, 2005.1 2.

The Petitioner appeared in Tier-II/ Skill Typing Test for post of Administrative Assistant "A" (English Typing) and was declared not qualified. In this context, the Petitioner filed an RTI application dated 19th December, 2013, before the concerned department seeking information about the result, however, no information was provided to her citing that the information is exempted from disclosure under Section 24(1) of the RTI Act. Aggrieved with the denial of the information, the Petitioner filed a first appeal and consequently, a second appeal before Central Information 1 "RTI Act"

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Commissioner2 on 22nd February, 2024, which has been acknowledged through communication dated 21st March, 2024. Hence, the Petitioner invokes the jurisdiction of this Court seeking a direction to CIC to decide the Petitioner's appeal expeditiously.

3.

In this background, counsel for Petitioner submits that the nondisposal of appeal within a reasonable time amounts to violation of her fundamental rights.

4.

The Court has considered the facts and contentions urged by the Petitioner and remains unpersuaded. In the opinion of the Court, directing the Respondent to prioritize Petitioner's appeal out of turn amounts to disturbing the cause list of the CIC. Nonetheless, if the Petitioner has urgency, the same ought to be explained to CIC. 5.

Accordingly, the present writ petition is disposed of with a direction that Petitioner shall be permitted to file an application before the CIC explaining their urgency. In case, CIC finds the merit in the Petitioner's request, they may allow the same and decide her application expeditiously. 6.

With the above directions, the present writ petition, along with pending application, is disposed of.

SANJEEV NARULA, J OCTOBER 3, 2024 nk 2 "CIC"

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 04/10/2024 at 11:52:00