HC notice on woman's plea
The petitioner had moved the state information commissioner seeking details regarding disciplinary action taken against her husband, a former employee of RMC, under the RTI Act. Despite directions from the first appellate authority to provide full information, the RMC allegedly failed to comply.
In its May 15 reply, the information commissioner said RMC is not a 'public authority' under the RTI Act, 2005, and hence not obliged to furnish the information sought.
Challenging it, the petitioner, represented by advocate Akhand, moved the high court seeking to set aside the information commissioner's decision. In her writ petition, Sahoo argued that RMCs were established by the state govt under the Orissa Agricultural Produce Markets Act, 1956, and hence fall within the definition of "public authority" under Section 2(h) of the RTI Act.
When the matter came up for hearing on July 21, Justice V Narasingh stated, "The counsel of the petitioner submits that without due application of mind, the appeal was dismissed. In such view of the matter, issue notice to all the four opposite parties."
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Kendrapada: Orissa high court on July 21 issued a notice to Odisha Information Commission, state information commissioner, public information officer of the regulated market committee (RMC), Jajpur, and first appellate authority of RMC on a writ petition filed by Shantilata Sahoo, a resident of Jajpur district, challenging a decision of the information commissioner in an RTI case. The petitioner had moved the state information commissioner seeking details regarding disciplinary action taken against her husband, a former employee of RMC, under the RTI Act. Despite directions from the first appellate authority to provide full information, the RMC allegedly failed to comply. In its May 15 reply, the information commissioner said RMC is not a 'public authority' under the RTI Act, 2005, and hence not obliged to furnish the information sought. Challenging it, the petitioner, represented by advocate Akhand, moved the high court seeking to set aside the information commissioner's decision. In her writ petition, Sahoo argued that RMCs were established by the state govt under the Orissa Agricultural Produce Markets Act, 1956, and hence fall within the definition of "public authority" under Section 2(h) of the RTI Act. When the matter came up for hearing on July 21, Justice V Narasingh stated, "The counsel of the petitioner submits that without due application of mind, the appeal was dismissed. In such view of the matter, issue notice to all the four opposite parties."
