(1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(a)who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
(b)who has been refused access to any information requested under this Act;
(c)who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d)who has been required to pay an amount of fee which he or she considers unreasonable;
(e)who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f)in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a)summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
(b)requiring the discovery and inspection of documents;
(c)receiving evidence on affidavit;
(d)requisitioning any public record or copies thereof from any court or office;
(e)issuing summons for examination of witnesses or documents; and
(f)any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
Legal Commentary & Landmark Judgments: Section 18
Section 18 vests the Central and State Information Commissions with broad inquisitorial powers to receive and inquire into citizen complaints concerning non-compliance, refusal, delay, or misleading information, conferring upon Commissions the full discovery and evidentiary powers of a Civil Court under the CPC.
In courtroom strategy, maintain strict vigilance over the dichotomy between Section 18 and Section 19 established in Chief Information Commissioner v. State of Manipur. If representing an applicant seeking access to withheld documents, always file a first appeal under Section 19(1) and a second appeal under Section 19(3); do not file a complaint under Section 18, as the Commission cannot order document release under Section 18. Conversely, if representing a public authority facing a Section 18 complaint where the complainant seeks document supply, raise an in limine objection that the complaint cannot be converted into an appeal.