Chief Information Commissioner v. State of Manipur
A complaint under Section 18 and an appeal under Section 19 are different routes. When you have been refused information, the remedy is the first and second appeal under Section 19 — an Information Commission hearing a Section 18 complaint cannot itself order access to the information.
Issue before the court
Whether the Information Commission, while deciding a complaint under Section 18 of the RTI Act, can direct that the requested information be provided, or whether that relief lies only through the appeal procedure under Section 19.
Facts in brief
The question arose over the scope of the Information Commission’s powers under Section 18 (complaints) versus Section 19 (appeals), after the High Court ruled on the distinction.
Holding / decision
The Supreme Court held that Sections 18 and 19 serve different purposes. A Commission deciding a Section 18 complaint cannot pass an order granting access to information; a person refused information must use the appellate remedy under Section 19 — first appeal, then second appeal to the Commission. The two procedures are not interchangeable.
For denial of information, the correct remedy is the Section 19 appeal process, not a Section 18 complaint — the power to direct disclosure flows from Section 19, not Section 18.
If your RTI is refused, delayed or wrongly answered, file a First Appeal and then a Second Appeal under Section 19 — that is the route to actually get the information. A Section 18 complaint addresses misconduct, not the supply of information.
What RTI can help you get
- A First Appeal to the appellate authority for refusal or delay
- A Second Appeal to the Information Commission under Section 19
- A complaint under Section 18 for procedural misconduct or penalties
What RTI may not give you
- An order for access to information through a Section 18 complaint alone
- Skipping the appeal route and expecting disclosure via a complaint
- Treating complaint and appeal as interchangeable remedies
When to cite this case
When deciding whether to file a complaint or an appeal, or when a Commission declines to order disclosure in a Section 18 complaint.
Later developments / current status
The Section 18 versus Section 19 distinction in this case is consistently followed; Information Commissions routinely direct aggrieved applicants to the appeal route for disclosure relief.
Source & verification
Related FileMyRTI services
Use the Deadline Clock to track your First and Second Appeal due dates.
Login With Google
Continue as Guest