The Orissa State Information Commission has served notice on a district and session judge for turning down an RTI application without hearing the petitioner. From the Hindu
Info panel serves notice on sessions judge office
The State Information Commission has served notice on the office of District and Session’s Judge, Khurda, for non-supply of information under Right To Information Act.
Information Commission was approached by Janardan Samantray of Bhubaneswar, who pleaded that justice was denied to him after the office of District and Session’s Judge dismissed his RTI application
without providing scope to present his side.Mr. Samantray had sought information on pending cases of undertrial prisoners (UTPs) of Bhubaneswar and list of disposed off cases involving UTPs and their details available with office of Judicial
Magistrate First Class on September 7, 2007.“Assistant Public Information Officer rejected my application saying the information does not relate to any public activities,” the applicant said.
First appeal
Subsequently, Mr. Samantray made first appeal with the office of district and session judge, Khurda, who is designated appellate authority under the Orissa High Court rules.
“On September 5 last, the District and Session Judge also rejected the first appeal without providing the applicant opportunity to present his side. No hearing was held,” Biswapriya Kannungo, city-based human rights activist and counsellor for Mr. Samantray, said.
Being aggrieved by the order, the applicant filed second appeal before Information Commission on December 7 last year.
Case admitted
The information panel admitted the case and fixed March 14, 2008 for hearing. However, only the information seeker was present on the day of hearing.
Chief Information Commissioner fixed the next day of hearing date on May 14 next and directed to issue notice to assistant PIO and first appellate authority-cum- district and session judge, Khurda, to reply to the issue raised by the applicant.
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