Patna High Court Defers Hearing Plea On RTI Pendency In Bihar, Cites Ongoing SC Proceedings
Rushil Batra
20 April 2026 10:20 AM IST
The Patna High Court has deferred hearing in a Public Interest Litigation seeking directions to clear the massive pendency of RTI applications and appeals in Bihar, noting that the issue is presently under consideration before the Supreme Court.
A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a PIL seeking issuance of a writ of continuing mandamus directing the authorities to adhere to statutory timelines under the Right to Information Act, 2005 for disposal of RTI applications and appeals.
The petitioner submitted that as of December 2024, there were 28,291 pending second appeals/complaints before the Bihar State Information Commission. It was further contended that statutory provisions under Sections 6, 7, 19(1) and 19(3) of the RTI Act were not being complied with, leading to systemic delays. It was also pointed out that under Section 15 of the RTI Act, appointments to the posts of Chief Information Commissioner and Information Commissioners are to be made on the recommendation of a statutory committee, and that certain posts in Bihar remained vacant.
The State, however, submitted that the issue of pendency of RTI matters is currently under consideration before the Supreme Court in Anjali Bhardwaj v. Union of India (2019) 18 SCC 246. It was brought to the Court's notice that in Miscellaneous Application No. 1979 of 2019, the Supreme Court, by order dated 10.02.2026, has taken note of the pendency of nearly 30,000 appeals in Bihar and directed the State to consider increasing the sanctioned strength of Information Commissioners.
The State further informed the Court that out of four sanctioned posts, one post was vacant, and that an advertisement had been issued in December 2025, with the selection process likely to be completed shortly.
Taking note of the pendency of proceedings before the Supreme Court, the High Court observed that the issue is sub judice and directed that the matter be listed on 18.06.2026, by which time the parties shall apprise the Court of the status of proceedings before the Supreme Court.
Case Title: Praween Kumar v. State of Bihar.
Case No.: Civil Writ Jurisdiction Case No. 3089 of 2026.
Appearance: Mr. Rajesh Kumar Sharma appeared for the Petitioner. Senior Advocate Mr. Lalit Kishore, assisted by Mrs. Binita Singh, appeared for the State Information Commission. Advocate General Mr. P.K. Shahi appeared for the State.