Synopsis

The Municipal Corporation of Delhi (MCD) challenged an order passed by the Central Information Commission (CIC) on a complaint filed under Section 18 of the Right to Information Act, 2005 (RTI Act). The CIC had, in the course of entertaining the complaint, issued directions under Section 19(8) of the RTI Act, which empower the Commission to direct disclosure of information in an appeal. The High Court set aside the CIC’s order, holding that the two provisions (Sections 18 and 19) serve different purposes and provide different remedies. While entertaining a complaint under Section 18, the CIC cannot exercise powers under Section 19(8). The court relied on the Supreme Court’s decision in Chief Information Commissioner v. State of Manipur and its own precedents. Liberty was granted to the RTI applicant to file a fresh application or appropriate appeal.

Court: High Court of Delhi
Coram: Purushaindra Kumar Kaurav, J.
Date: March 25, 2026
Citation: 2026:DHC:2785
Core Law: Right to Information Act, 2005 – Sections 18 and 19 (Jurisdiction of Information Commission)

2. Legal Framework

• Right to Information Act, 2005:
  Section 18: Powers and functions of Information Commissions – dealing with complaints (e.g., refusal to accept application, non‑supply of information, etc.).
  Section 19: Appeal against decision of Public Information Officer (PIO) – Section 19(8) empowers the Commission to direct the public authority to provide information.

• Constitution of India: Article 226 – writ jurisdiction.

• Relevant Precedents:
  Chief Information Commissioner v. State of Manipur & Anr. (Supreme Court)

... Upgrade to a Premium Plan to view the full judgment.