Table of Contents
Case Closed illegally and arbitrarily
It has been seeing many times that cases are closed illegally and arbitrarily by taking vague grounds such as;
- The complainant no longer wants to prosecute the accused.
- The complainant no longer wants to follow his case.
- The matter is ancient one, etc.
- The complainant is adopting dilatory tactics with an intention to harass the Opp. party.
- The complainant failed to filed the objection of the inquiry report.
It is only done for Statistical purposes of removing Docket from the Rack’
It has been seen that where the adjudicating authority does not have any power to close the case but still closes the cases illegally and arbitrarily such as the cases closed by;
- The State Human Rights Commission or NHRC
- DCDRC or SCDRC
- Lokpal or Lokayukta
- State or Central Information Commission
Even if the law provides the adjudicating authority has the power to do so the same power cannot be used Whimsically or Mechanically.
Case Laws;
- The Associated Cement Co. Ltd. Vs Keshvanand – 1997-SC
- Bijoy Vs State of Kerala , 2016, Kerala HC.
- K. K. Construction v. Shri Bhagwan Singh Poswal, Chairman Shri Vinayak Mission Medical and Education Society Jaipur & Ors : Punjab & Haryana High Court.-2024
Odisha Information Commision closed complaint No 23/2020 after 5 Yrs.
Odisha Information Commission closed the complaint case No. 23 of 2023 after five years illegally and arbitrarily on Dt. 05-09-2024.
01. That, the closed was closed as the complainant did not file the objection against the submission filed by the respondent thus the OIC could not able to ascertain the counter view.
02. That, it is mandatory for the OIC to decide a case within 45 days but the case was kept pending for five years.
03. That the complaint was filed against the PIO of the District Collector, Cuttack Mr. X but Mr. X never summoned and appeared before the OIC but all other filed reports impersonating as Mr. X against who the complaint was filed.
04. The complainant is not bound to file the objection statement.
05. OIC should decide the case on merit
06. OIC is not a count of law and the case should be decided summarily.
07.The adjudicating members of the OIC have been found incompetent, impotent, powerless and not having teeth to go after the District Administration office of Cuttack