p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16736 of 2025 Subash Chandra Pradhan …. Petitioner Mr. A.K. Panda. Advocate -Versus- State of Odisha & another …. Opposite Parties Mrs. S. Mohanty, ASC Mr. B.K. Dash, Sr. Advocate for State Information Commission CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.04.2026 05. 1. Heard learned counsel for the respective parties. 2. Instant writ petition is filed by the petitioner assailing the impugned order in Complaint Case No.718 of 2021 by opposite party No.2 for the reason stated. 3. Mr. Panda, learned counsel for the petitioner submits that the complaint was filed and it was disposed of and dismissed on the premise that no appeal under Section 19(1) of the RTI Act (hereinafter referred to as ‘the Act’) was filed by him which is independently maintainable, hence, therefore, the impugned order dated 3rd May, 2025 at Annexure-3 is liable to be interfered with and set aside. Recorded the submission of Mr. Dash, learned counsel for opposite party No.2 and also Mrs. Mohanty, learned ASC for opposite party No.1. Recorded the submission of Mr. Dash, learned counsel for opposite party No.2 to the effect that the complaint is not maintainable and p. 2 rightly, therefore, the same was dismissed and the impugned order at Annexure-3 is in accordance with law. 4. A copy of the complaint is at Annexure-2. 5. On a reading of the impugned order at Annexure-3, the Court finds that such dismissal of the complaint is primarily on the ground of non-filing of appeal under Section 19(1) of the RTI Act. The Court is in agreement with Mr. Panda, learned counsel for the petitioner and reaches at a conclusion that opposite party No.2 could not have dismissed the complaint on any such ground. Irrespective of any such appeal under Section 19(1) of the Act, the complaint is maintainable in view of Section 18 thereof. So, the conclusion is that the impugned order dated 3rd May, 2025 by opposite party No.2 as per Annexure-3 is liable to be set aside as entertainability of any such complaint is not dependent on filing of the appeal under Section 19(1) of the Act and accordingly, it is ordered. 6. In the result, the writ petition stands disposed of. As a necessary corollary, the impugned order dated 3rd May, 2025 in Complaint Case No.718 of 2021 is hereby set aside. Consequently, the proceeding is restored to file of opposite party No.2 with a direction to him to consider the complaint and disposed it of as per and in accordance with law within a reasonable time. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer