Urgent: Help needed - Citation in favour of "Review of own Order by Information Commission(er)

[smbhappy]

URGENT

Dear Experts and Peers,

I have filed a review Application before the Chief Information Commissioner, Punjab for review of its earlier order as the same was not based on the facts and material available on record.

While accepting the "Review Application" CIC has asked me to file the reason as to why should he go ahead and review his earlier order.

It is requested that I may please be informed of the earlier order of any Information Commissioner of Punjab where the orders were reviewed and changed. Order of the Central Information Commission as well as any other State Information Commission will also do.

Also please let me know is there are and HC/SC rulings, any law permitting the review of own order.

Also apprise me some arguments for the case. I need this information early as I have to file before the commission by 24 august 2012.

At present I have following citation and orders of the CIC Punjab that were reviewed and altered on the "Review Applications" filed by PIOs.

1. CC No. 1925 of 2012 of 04 July 2012 of SICP
2. AC-304 of 2009 is one of them which was decided on 22-6-2010 of SICP
3. Shri Hitender Jain vs. PIO/Municipal Corporation, Ludhiana, CC-139 of 2006 of SICP
4. In M.K. Venkatachalam Vs Bombay Dyeing and Manufacturing Col Ltd. , 1958 ITR 143 SC , the SC observed that in case of apparent error on the face of record, the power to review can be exercised.
5. Hon’ble Supreme Court of India in case Assistant Commissioner Income Tax Rajkot vs. Saurashtra Kutch Stock Exchange (2008-14-Supreme Court Cases 171). This case pertains to recall of its own erroneous order by Income Tax Appellate Tribunal that had failed to take cognizance of the decisions of the superior court. Hon’ble Supreme Court held that this amounted to a mistake apparent from the record that could be rectified.
6. Constitution of India - Article 137. Review of judgments or orders by the Supreme Court.— Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
7. Constitution of India - Article 144 - Civil and judicial authorities to act in aid of the Supreme Court.—All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
8. Constitution of India - Rules of Court, etc.— Article 145(1)(e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered;
9. Constitution of India - Article 141. Law declared by Supreme Court to be binding on all courts.— The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Also please refer to the thread
Commission have the powers to review its own order and withdraw or recall the order imposing penalty : PSIC


Please see the above and advise me, favour me and oblige me with your kind opinion and more options

[dr.s.malhotra]

Sponsorer

Your Review Application stands admitted . The IC is asking for the GROUNDS on which you are seeking Review i.e. what is wrong with reading of facts by IC in present case and whether IC has violated any law or misinterpreted any law while passing the instant Order .
So see your own case carefully and decide what facts have been ignored or wrongly read .
See whether the Order of IC is not as per law .

[smbhappy]

following orders of the CIC together with the RTI Application as well as the Reply of PIO, Rejoinder and the Review Petition and mow the final last order have been sent separately via e-mail as the internet connection is very slow at this moment and I am unable to attach the files.

[jj99]

Have a look at this thread
Why FAA can not review own Order in First Appeal

[smbhappy]

The Order Dated 03 August 2012 of the CIC of SICP is as under:


STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, Sector 17-C, CHANDIGARH.
(www.infocommpunjab.com)

Shri Ashwani Kumar Kukkar,
Phase-1, Civil Lines, Fazilika-152123. -------------Complainant.
Vs.
The Public Information Officer
o/o H.E. the Governor of Punjab, Chandigarh. -------------Respondent.

CC No. 3375 of 2011

Present:- Shri S.M. Bhanot on behalf of the complainant.
Shri Gurmit Singh Superintendent on behalf of the respondent.
ORDER
This case was closed on 27.2.2012. Subsequently, an application was received in the Commission vide diary No.4406 dated 13.3.2012 seeking review of the order dated 27.2.2012. The complainant was called upon to show whether the Commission has the requisite powers under the Right to Information Act, 2005 to review its own decisions passed on merits of the case, after hearing the parties.

2. Today, the parties have appeared. The respondent has placed on record, the original RTI request under Section 6(1) of the Act ibid dated 9.7.2011 submitted by the complainant seeking information in this case. This application is addressed as follow:-
PIO office of the Governor,
Government of Punjab,
Civil Secretariat Chandigarh.

2. The other two letters placed on record by the respondent bearing No.6322 dated 30.9.2010 and letter No.6324 dated 30.9.2010 are both addressed to the Principal Secretary to Government of Punjab, Department of Information Technology, Chandigarh. Vide these letters, applications received from Sarvshri Vinod Kumar Mehta, A.K. Kukkar, Kartar Singh and Shri Ashwani Kumar Kukkar were submitted to the Department of Information Technology for appropriate action.

3. The complainant requests for an adjournment to address the Commission on the question of its powers to review its own orders. Adjournment is allowed.

4. To come up on 3.9.2012 at 11.00 A.M.


(Narinderjit Singh) (R.I. Singh)
State Information Commissioner, Chief Information Commissioner
Punjab. Punjab
August 3, 2012.