The Karnataka High Court recently dismissed a petition filed by Bengaluru Development Authority (BDA) Secretary Shivakumar CL, challenging penalties imposed on him by the Karnataka Information Commission (KIC). The penalties stemmed from his failure to comply with directives under the Right to Information (RTI) Act.
Background of the Case
The case originated from an RTI request filed by Suresh Chandra Babu. After receiving no response within the statutory deadline, Babu lodged a first appeal with the BDA Secretary, who was then Shivakumar CL. The initial steps to address the appeal were taken by Shivakumar’s predecessor on May 5, 2023, but no final decision was made. Shivakumar assumed office on May 8, 2025, yet the appeal remained unresolved.
KIC Proceedings and Penalty
The Karnataka Information Commission conducted hearings on July 8, August 12, and November 5, 2025, during which there was no representation from the BDA Secretary. Consequently, on January 1, 2026, the KIC imposed a ₹25,000 penalty on Shivakumar and instructed him to provide the requested information. When the issue was reviewed again on February 10, 2026, the KIC noted continued non-compliance and recommended disciplinary actions.
BDA Secretary’s Appeal to the High Court
Shivakumar challenged the KIC’s decision in the Karnataka High Court, arguing that the delay in action occurred during his predecessor’s tenure. His legal representative, Advocate M V Charati, contended that Shivakumar, as the first appellate authority rather than the Public Information Officer, should not be held accountable for the delay in providing information from 2023. Additionally, it was highlighted that Shivakumar had directed his Deputy Secretary to supply the information on March 12, 2026.
High Court’s Ruling
Justice Suraj Govindaraj, presiding over the case, rejected these arguments. The Court pointed out that no actions were taken by Shivakumar from May to December 2025 to process the appeal. Furthermore, the letter dated March 12, 2026, cited by Shivakumar, was issued after the KIC’s order dated January 1, 2026.
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Justice Govindaraj stated, “The reliance on the letter dated 12.3.2026 is completely misconceived and is an attempt to hoodwink this Court, which is not permissible.” He emphasized the lack of action by Shivakumar after assuming office and remarked on the necessity for authorities to implement systems ensuring prompt responses.
In dismissing the petition, the Court stressed that the concerned authorities retain the option to initiate actions against Shivakumar’s predecessor for inactivity from March 9, 2023, until Shivakumar took charge in May 2025.
