Citizens Association Against Corruption v. Telangana State Public Service Commission

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6102 of 2019 ORDER:

The prayer of the petitioner-association in this case reads as under:

"For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction; more particularly, one in the nature of Writ of Mandamus directing respondents to furnish complete information setout in Applications dated 11.12.2017 and 18.03.2018 submitted by the Petitioner Association in the interest of justice duly holding the action of the Respondents in withholding the relevant information and supplying partial information pursuant to Application dated 11.12.2017 as being arbitrary illegal unjust and contrary to the provisions of Right to Information Act 2005 and violative of Article 14 of the Constitution of India and pass such other order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case."

Perusal of the record reflects that the petitioner association already submitted an appeal to the First Appellate Authority under the Right to Information Act, 2005, as long back as on 20.03.2018. Having received such a statutory appeal, it is not open to the appellate authority to remain inactive for such a long time. The very purpose of providing a hierarchy of statutory remedies would be rendered superfluous if such delay is permitted on the part of the statutory authorities while discharging quasi-judicial functions. The Writ Petition is accordingly disposed of directing the Appellate Authority under the Right to Information Act, 2005, Telangana State Public Service Commission, Hyderabad, to dispose of the pending appeal received on 20.03.

2018 on its own merits and in accordance with law expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order, be it from whatever source.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date: 27.03.2019 Kvsn