The division bench of Justice SC Dharmadhikari and Justice RI Chagla of the Bombay HC while hearing the matter of a PIL filed by Public Concern for Governance Trust which sought the effective application of the Right to Information Act, 2005 stated that “From time to time certain orders were passed in this PIL to ensure that this enactment does not become a dead letter.”
The Bombay HC deemed that the enactment of the RTI Act, 2005 was done in keeping with the larger public interest. The Court cleared that it is not the Act itself that gives the citizen right in this regard. Rather, this right is imbued implicitly under the Article 19(1)(a) of the Indian Constitution. The right that guarantees free speech and expression also gives the citizen a right to access information. It is only to help the judiciary with the enforcement of this principle that led to the formation of the Right to Information Act, 2005.
The state in this regard assured that thee directives of the apex court were being followed regarding the filling up of various posts in accordance to the Recruitment Rules of 2018. The state also assured the bench that no information regarding the posts shall be withheld merely because of the presence of vacancies. The state in its affidavit submitted that out of the original 138 posts, only 14 vacancies remained, the remaining 124 having been filled. The court stated that it believed that with the elapse of some more time, some more progress would be made by the State machinery.