Court modifies earlier order, emphasizing the need for specific document identification post-inspection under Right to Information Act, 2005
Jabalpur, Madhya Pradesh - In a significant ruling dated November 2, 2026, the Madhya Pradesh High Court (Division Bench) clarified the procedure for obtaining documents under the Right to Information Act, 2005, in the case of Ajay Dubey vs. Public Information Officer and Special Assistant to Governor. The Court emphasized that applicants must first inspect the records before requesting copies of specific documents, thereby modifying an earlier order of the Single Judge.
The appellant, Ajay Dubey, had challenged an order dated August 17, 2026, which required him to specify the particular documents he sought from the Public Information Officer (PIO) rather than directly supplying copies of all requested documents. This approach was consistent with the First Appellate Authority's earlier direction from 2012, which similarly mandated inspection of records before filing a detailed application for copies.
The Division Bench, presided over by Chief Justice Alpesh Y. Kogje and Justice Vivek Jain, acknowledged the lapse of time since the previous orders and found merit in allowing the appellant to first inspect the records. After inspection, the appellant could then submit an application specifying the exact documents for which copies were required. This step ensures clarity and efficiency in processing RTI requests and prevents overly broad or vague demands that could hamper the administrative process.
The Court's order underscores the importance of a structured approach under the RTI Act: inspection of records is a vital preliminary step that enables applicants to identify relevant documents accurately. This ensures that the Public Information Officer can comply with requests in a timely and precise manner without unnecessary administrative burden.
The appeal was accordingly disposed of, with the Court granting liberty to the appellant to approach the PIO for inspection and subsequently request copies of specified documents.
This judgment reinforces the procedural safeguards under the RTI Act, 2005, balancing transparency with administrative efficiency, and serves as a guideline for future RTI applications where document specification is initially unclear.
Bottom Line:
Right to Information Act, 2005 - Where applicant seeks copies of documents without proper specification, Court may direct him first to inspect the record and thereafter file an application specifying the particular documents required - Order of Single Judge modified accordingly.
Statutory provision(s):
Right to Information Act, 2005
