Allahabad High Court
AVANISH KUMAR RAIversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The Court held that the RTI Act does not provide a forum for grievance redress and there was no basis for interference, dismissing the writ petition.
Summary
Avanish Kumar Rai filed a writ petition under the Right to Information Act, 2005, seeking information that had already been provided in an order dated 27 July 2026 in his second appeal. The petitioner alleged that a respondent had been appointed on forged documents, but an inquiry found the complaint false and the respondent had retired. The petitioner did not appear to record his statement. The Court held that a grievance arising from the inquiry cannot be addressed through an RTI application, as the Act is limited to providing information, not adjudicating complaints. Consequently, the Court found no ground for interference and dismissed the writ petition.
Issues considered
- Whether a writ petition under the Right to Information Act is maintainable to seek redress of a grievance arising from an inquiry into alleged forged appointment.
- Whether the court should interfere with the order providing information under the RTI Act.
Legislation cited
Subjects
- Right to Information
- Writ Petition
- Administrative Law
- Grievance Redress
- Forged Documents
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39847 of 2026
Avanish Kumar Rai
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anjali, Pramod Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for the parties.
2. Information sought by the petitioner has been provided which is
specifically mentioned in the impugned order dated 27.7.2026 passed in
the Second Appeal filed by the petitioner under the provisions of Right to
Information Act.
3. The complaint made by the applicant against the contesting respondent
about her appointment on forged documents were found false upon an
inquiry and that she has now retired also, even petitioner has not come up
forward to record his statement.
4. If petitioner has any grievance with the inquiry or otherwise, the
appropriate forum is not to file an application under Right to Information
Act, 2005 since under said Act only information is to provide not to take
any action on complaint.
5. In aforesaid circumstances, no case of interference is made out, hence
Writ Petition is accordingly dismissed.
(Saurabh Shyam Shamshery,J.)
October 1, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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