Patna HC sets 45-day cap for RTI second appeals, rejects 'missing file' excuse
Patna High Court mandates 30-45 day timeline for RTI second appeals and bars denial of information citing missing or damaged records.
The Patna High Court has established a firm timeline for the disposal of second appeals under the Right to Information (RTI) Act, ruling that such appeals must be decided within 30 days, extendable to a maximum of 45 days. The judgment, delivered by Justice Raj Kumar, addresses a significant gap in the law: while the RTI Act prescribes a 45-day limit for first appeals, it does not specify a timeline for second appeals under Section 19(3).
The court's ruling came in a case dating back to 2009, when petitioner Md Rizwan sought certified copies of revenue documents from the Circle Office in Siwan Sadar. The Public Information Officer had refused the request with contradictory explanations—first claiming the original documents were unavailable, then stating they were torn and unreadable. After the Bihar State Information Commission disposed of Rizwan's second appeal in 2012 without addressing his objections, he approached the High Court.
Justice Kumar, drawing on precedents from the Karnataka and Calcutta High Courts, held that appellate authorities must decide second appeals within 30 to 45 days so that "the person seeking information is not left remediless." The court also rejected the "missing file" defence, noting that public authorities have a statutory duty to preserve records under Section 4(1) of the RTI Act and the Bihar Records Manual, 1960. "The State cannot take advantage of its own failure to preserve records," the court observed.
The High Court quashed the State Information Commission's 2012 order and the Circle Officer's refusal letter, directing the District Magistrate and Circle Officer of Siwan to complete the process within eight weeks. If documents are found torn or illegible, the court instructed that they be enlarged, digitised, or typed by experts and provided to the petitioner. Expressing concern over the 17-year delay since the original application, Justice Kumar said the matter must finally be set to rest with full compliance.