Using RTI in cases of quasi-judicial proceedings

Appellant stated that the document on the basis of which the Competition Commission arrived at a conclusion in Case 25 of 2020 was not provided. PIO stated that the Appellant was seeking information pertaining to a quasi-judicial decision for which inspection of records was offered as per the CCI (General) Regulations, 2009 which was not availed off by him. PIO further stated that in case the appellant is dissatisfied with the outcome of the decision, he can exhaust the remedy available to him to appeal against the decision before the NCLAT. The CIC held that an appropriate response in accordance with the provisions of the RTI Act, 2005 has been given by the PIO. The Appellant is at liberty to avail inspection of records as earlier offered to him on a mutually convenient date and time.

Comments

The use of RTI Act in quasi-judicial proceedings is not uncommon where the applicant tries to use another channel instead of the regular appellate remedy. Such attempts can provide a meaningful result only in cases where “information” is sought and there are no prescribed ways to obtain it.

Citation: Shri Prem Prakash v. Competition Commission of India, CIC/CPCOI/A/2023/105991; Date of Decision: 28.03.2024