Legal Question in Civil Litigation in India

A 1950 matter was heard by a High Court of a State in the year 2007 (Writ Petition was filed in the year 2001). Writ Petition was filed against a Government Department for claiming certain Documents. In the year 2007 the same was given in favour of the Petitioner as the Govt. Dept. did not file any counter.

A RTI application was made in the year 2012 (current year) by the petitioner of the same Writ to the PIO of this High Court for want of further Information under RTI Act (Information relates to the period 1950 to 1958 and subject of writ Petition and also information available with the Registry of the High Court).

The PIO of the same High Court received this RTI Application and transferred it to the Registrar(Admin) of the same High Court u/s 5(4) of RTI Act as the requested information is expected under his control.

The Registrar(Admin) does not give any response for 45 days. Then a Ist Appeal is filed with the Appellate Authority of the same High Court.

Now after 20 days of filing the Ist Appeal with the Appellate Authority of the High Court. The PIO of the same High Court issues an Order stating the RTI application was received u/s 6(1)and it is rejected u/s 7(9) of the RTI Act because it involves cumbersome efforts for furnishing the necessary information. The PIO also states that the Applicant is free to appeal to the Appellate Authority.

The action of the PIO in initially receiving the application and transfering it to some Registrar of the High Court U/s 5(4)and later after 60 days issuing an order that the RTI application seems ambigious.

The query is that: Whether the action of the PIO of this High Court is valid or not valid? The astonishing point is that the Order of the PIO was received 20 days after filing Ist Appeal with the Apellate Authority.

Please advise. Thanks in advance.

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