Remanding Back - Court vs Information Commission

[dr.s.malhotra]

Information Commissions have been remanding back the 2nd Appeals to the very FAA who had failed to pass Order on the same at first instance .

Higher judiciary also remands cases back to lower courts for adjudication of certain issues which they feel should be / should have been adjudicated by the lower court from where the cases come up before Higher Courts .

Please give your views whether IC is empowered to act like a court and remand back the 2nd Appeals to FAA once the remedy of FA has been exhausted by the Appellant .

Why do you think IC can not remand back the 2nd Appeals ?

[harinder dhingra]

Sponsorer

Dr Malhotra,

I have been saying from roof tops about this practice by Hon'ble IC Ms of CIC which relegates the second appeal to same FAA who has not even once decided/disposed of any of first appeal. Now what to expect from same FAA and there is a feeling in those FAA's that RTI Act 2005 has no provision of penalization of FAA and as such can take ( decision on first appeal) easy and some times last priority.

Now what it leads to: It leads to putting the clock at least by one year and by the time the turn in second time for second appeal comes, by then most of the time the information sought becomes redundant.

The Courts relegates the cases where they feel the proper application of mind has not been applied or serious error of judgment took place by the lower courts and the matter needs de novo look/hearing of the case but in RTI matters it is different. The FAA has not decided the appeal in 45 days and even till the time it is heard by CIC and then the FAA is asked by CIC/SIC to hear/decide the case and "in case of not satisfied, please file the appeal before CIC under Section 19(3) or Section 18 of RTI Act 2005", is like putting premium of taking no decision by FAA.

To me this is ridicules and is fraud perpetuated on the poor people of this country by handful who have reached the place by sheer manipulations and contacts.

Dr Malhotra, there is no comparison with higher courts and information Commission/s as higher courts display a sense of meaningful ness while relegating appeal/case whereas the Hon'ble Commissions are only interested in increasing the number of cases heard and decided rather than being the tool to provide information.

harinder dhingra

[jps50]

Remanding back is just passing on the buck. Please also refer

http://www.rtiindia.org/forum/96105-remanding-second-appeals-gujarat-information-commission.html?highlight=remanding

and following link had good reaction:

Reminder to FA
http://www.rtiindia.org/forum/blogs/...st-appeal.html

[dr.s.malhotra]

I carry a similar view that the IC should not remand back 2nd Appeals .
Could you be plz more technical , more legal on grounds for countering the procedure of remanding back of Appeals by ICs !
We need legal grounds to get rid of this wrong procedure . Otherwise we have to depend upon discretionary powers of interpretation by the HC and the SC [ they can twist anything for the sake of public interest and interest of justice ] .

Just analyse in depth if RTI Act gives them any power expressly or impliedly to remand back the 2nd Appeals in this manner .

[harinder dhingra]

Just analyse in depth if RTI Act gives them any power expressly or impliedly to remand back the 2nd Appeals in this manner .[/QUOTE]

Kindly read Section 19 with attention and coolly and you would have answers to your query.


harinder dhingra