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L.C. NAGARAJ Versus KARNATAKA INFORMATION COMMISSION

2015 (12) TMI 522 - KARNATAKA HIGH COURT

RTI - Information in relation to Saguvali Chit registers from the year 1933-34 till the date of the application - Held that:- Central Information Commission or State Information Commission has no power under S.18 to provide access to the information which has been requested for by any person but which has been denied to him. Remedy for such person who has been refused information is provided under Section 19 of Act. Nature of power under S.18 is supervisory in character whereas procedure under S .....

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o different purposes and lay down two different procedures and they provide two different remedies. One cannot be substitute for other.

In the instant case, if the Public Information Officer has failed to furnish the information within 30 days from the date of receipt of the application, the application is deemed to have been refused. In such a situation, the remedy available to the second respondent is to file an appeal under Section 19(1) of the Act before the First Appellate Author .....

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ted 30-11-2009 before the Tahsildar, Devanahalli Taluk, Bangalore Rural District seeking certain information in relation to Saguvali Chit registers from the year 1933-34 till the date of the application. The Tahsildar who is also the Public Information Officer under Section 5 of the Right to Information Act, 2005 (for short the Act ) did not furnish the information. Therefore, the second respondent filed a complaint under Section 18(1) of the Act before the first respondent on 29-1-2010. The fir .....

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odged the complaint under Section 18(1) of the Act before the first respondent. The Hon ble Supreme Court in the case of Chief Information Commissioner and Anr. v. State of Manipur and Anr. reported in AIR 2012 SCC 864 = 2012 (286) E.L.T. 485 (S.C.) has held that the Central Information Commission or State Information Commission has no power under S.18 to provide access to the information which has been requested for by any person but which has been denied to him. Remedy for such person who has .....

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