Hewa Baddage Gunaratne vs. Right to Information Commission – CA RTI/01/2020-2023

In the case between Hewa Baddage Gunaratne (“Saman”) and the Right to Information Commission (with the Uva Department of Education as the relevant Public Authority), the court addressed whether, under the Right to Information Act, the RTI Commission alone should be named as respondent in appellate judicial proceedings, or if the underlying Public Authority must also be joined. It was held that naming only the RTI Commission as respondent constituted a procedural flaw; the Public Authority should be joined to facilitate appropriate adjudication and effective remedies. The holding reaffirmed the principle that judicial review in information matters must ensure participation of the substantive decision-making entity, relying on Section 34(1) of the RTI Act and emphasizing the necessity for ju

REF: CA RTI/01/2020-2023 Category: Tag:
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