Kochi: The Kerala High Court has held that the State Information Commission should not dismiss appeals over RTI requests citing lack of necessary documents, but should give time for the applicant to file them. Justice P.B. Suresh Kumar passed the order on a petition filed by Dyuthisenan A., assistant manager of Kerala Gramin Bank. The petitioner moved the court after an appeal given by the petitioner before the State Information Commissioner (SIC) under the Right to Information Act was rejected on the ground that the petitioner had not produced the documents required to be produced along with the appeal.
The petitioner contended that he had produced all the documents required to be produced along with the appeal and the finding in order that he has not produced the documents along with the appeal is incorrect. Petitioner further contended that at any rate, the appeal preferred by the petitioner should not have been dismissed for non-production of the documents required to be produced along with the appeal.
"As rightly contended by the petitioner, even if the petitioner had not produced the documents required to be produced along with the appeal, the appeal should not have been dismissed by the first respondent on that ground." the court observed. Court further observed "In a case of this nature, the SIC should have treated the appeal as defective and should have afforded the petitioner an opportunity to cure the defect. The petitioner, admittedly, was not granted an opportunity to cure the defect in the appeal."
