Patna High Court sets 45-day deadline for disposing of second appeals under RTI

The Patna High Court has ruled that second appeals filed under the RTI law must be decided within 45 days, with the maximum timeframe being 45 days. This is a significant ruling because while the first appeal under the RTI Act has a 45-day deadline, no such timeline existed for second appeals. The court emphasized that seeking information should not leave individuals "remediless."

Justice Raj Kumar delivered the verdict on August 11, following the filing of an RTI application in 2009 by Md Rizwan. The application sought certified copies of barwarda and Register-II records from the Circle Office in Siwan Sadar. The Public Information Officer initially refused the request, citing contradictory reasons. After filing a second appeal, the matter took over a year to be disposed of in January 2012.

The court rejected the "Missing File" defense, stating that public authorities have a duty to maintain and preserve public records. Justice Kumar directed the District Magistrate, Siwan, and the Circle Officer to complete the exercise within eight weeks, ensuring compliance from the respondents and providing documents in a readable format.