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    PCGT Petition

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    Moneylife Foundation
    The petitioner filed this public interest litigation seeking effective enforcement of the Right to Information Act of 2005 in Maharashtra. The court had previously issued orders to prevent the law from becoming ineffective. While the state faced difficulties fulfilling information requests due to lack of staff, recruitment rules were established in 2018. The state affirmed its commitment to abide by the rules and recruit staff as needed to fulfill information requests in a timely manner as required by law, with the exception of lawful exemptions. The court scheduled a follow up on ongoing recruitment efforts.

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    PCGT Petition

    Uploaded by

    Moneylife Foundation
    6K views3 pages
    The petitioner filed this public interest litigation seeking effective enforcement of the Right to Information Act of 2005 in Maharashtra. The court had previously issued orders to prevent the law from becoming ineffective. While the state faced difficulties fulfilling information requests due to lack of staff, recruitment rules were established in 2018. The state affirmed its commitment to abide by the rules and recruit staff as needed to fulfill information requests in a timely manner as required by law, with the exception of lawful exemptions. The court scheduled a follow up on ongoing recruitment efforts.

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    PCGT Petition

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    The petitioner filed this public interest litigation seeking effective enforcement of the Right to Information Act of 2005 in Maharashtra. The court had previously issued orders to prevent the law from becoming ineffective. While the state faced difficulties fulfilling information requests due to lack of staff, recruitment rules were established in 2018. The state affirmed its commitment to abide by the rules and recruit staff as needed to fulfill information requests in a timely manner as required by law, with the exception of lawful exemptions. The court scheduled a follow up on ongoing recruitment efforts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6K views3 pages

    PCGT Petition

    Uploaded by

    Moneylife Foundation
    The petitioner filed this public interest litigation seeking effective enforcement of the Right to Information Act of 2005 in Maharashtra. The court had previously issued orders to prevent the law from becoming ineffective. While the state faced difficulties fulfilling information requests due to lack of staff, recruitment rules were established in 2018. The state affirmed its commitment to abide by the rules and recruit staff as needed to fulfill information requests in a timely manner as required by law, with the exception of lawful exemptions. The court scheduled a follow up on ongoing recruitment efforts.

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    of 3

    suresh 904-PIL-20.2012.

    doc

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY


    CIVIL APPELLATE JURISDICTION
    PUBLIC INTEREST LITIGATION NO.20 OF 2012

    Public Concern for Governance Trust .... Petitioner


    Vs.
    State of Maharashtra .... Respondent

    Mr. Jamshed Mistry with Mr. Dipesh Siroya for


    the Petitioner.
    Mr. P.P. Kakade, GP, with Mr. B.V. Samant, AGP,
    for the Respondent-State.

    CORAM: S.C. DHARMADHIKARI &


    R.I. CHAGLA, JJ.
    DATE : DECEMBER 03, 2019

    P.C:

    1. The petitioner has filed this PIL so as to seek an


    effective enforcement and implementation of The Right to
    Information Act, 2005 (“RTI Act, 2005”).

    2. From time to time certain orders were passed in this


    PIL to ensure that this enactment does not become a dead
    letter.

    3. The enactment is in larger public interest. It is not as


    if the right to information is a right derived by the citizens from
    the RTI Act, 2005. Be it known to everybody that right to
    information is implicit and inbuilt in the right and freedom

    Page 1 of 3
    suresh 904-PIL-20.2012.doc
    guaranteed to a citizen under Article 19(1)(a) of the Constitution
    of India. The right to free speech and expression includes within
    it the right to obtain information. That is how this constitutionally
    recognised and permitted right is made meaningful and its
    enforcement is now serving a larger public purpose. It is only
    the enforcement machinery which is created by the RTI Act,
    2005.

    4. Now because the information has to be provided


    and the denial is only in exceptional cases, that the State
    suddenly finds itself in a fix for thousands of applications are
    received day in and day out by not only the State Government
    but all such entities and agencies discharging the obligations
    and functions of the State. It is, therefore, clear that the local
    bodies and all those authorities having the trapping of a State
    are covered by the law. As far as the State Government is
    concerned, it was handicapped for want of staff. On account of
    this PIL and certain directions by the Hon’ble Supreme Court of
    India, Now the Recruitment Rules have been framed. Though
    the Recruitment Rules are of 2018, the affidavit filed today
    assures us that the State Government will duly abide by these
    Rules and fill up the posts or vacancies arising from time to
    time.

    5. The affidavit informs us that the process is ongoing

    Page 2 of 3
    suresh 904-PIL-20.2012.doc
    and merely because there are vacancies, the State
    Government or the machinery will not deny information to the
    members of the public if that is otherwise to be made available.
    In other words, save and except the exceptions carved out by
    the law, the information will be provided and in a timely and
    orderly manner. For that purpose, staff will be recruited and
    today the position, as recorded in para 14 of this affidavit, is
    that out of the sanctioned posts (138 in number), 124 have
    been filled in and 14 are vacant.

    6. As far as these vacant posts are concerned,


    Mr. Samant assures that the process will be initiated in terms of
    the Recruitment Rules and duly completed.

    7. For that purpose, we place this matter on


    14-1-2020. We hope and trust that by that time further progress
    will be made.

    (R.I. CHAGLA, J.) (S.C. DHARMADHIKARI, J.)

    Digitally
    signed by
    SURESH
    SURESH JAGDISH
    JAGDISH SAJNAWAT
    SAJNAWAT Date:
    2019.12.05
    12:18:52
    +0530

    Page 3 of 3

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