Can I file a writ in Kharagpur against the state information commission for delaying my RTI appeal?
JA Asked by Jaya Lakshmi from India
Quick Answer
Yes, you can file a writ petition before the Calcutta High Court under Article 226 if the State Information Commission constituted under West Bengal Premises Tenancy Act 1997 unreasonably delays hearing your second appeal on a Kharagpur-related RTI application.
Detailed Legal Analysis
Yes, you can file a writ petition before the Calcutta High Court under Article 226 if the State Information Commission constituted under West Bengal Premises Tenancy Act 1997 unreasonably delays hearing your second appeal on a Kharagpur-related RTI application. The Calcutta High Court has held that the Commission is duty-bound to dispose of appeals within the time prescribed and that chronic delay violates the right to information guaranteed under the Act.
Your writ should annex the original RTI application, the first appeal order, and the second appeal acknowledgment with the date of filing. The court may direct the Commission to hear and decide the appeal within a fixed period and to pay costs if the delay is egregious.
Follow up with the Commission office for the hearing date, as listing delays are common and the court expects you to have pursued the alternative remedy first.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.