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Old 02-27-2008, 10:29 AM
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Name: Col NR Kurup (Retd)
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Review By First Aa

A doubt has arisen as to whether the First Appellate Authority can review its orders. Myself in person maintain that power to review its own orders is inherent in any judicial proceedings The Officer holding the powers of AA by virtue of the powers otherwise delegated to him may not have power to review his orders. But when he is excercising the powers of AA, in RTI he is a quasi-judicial authority having the powers of court to some extend. Eventhough while issuing other orders he become a functus officio, in the case of RTI Act when he excersie the powers of AA , to me he does not become functus officio and he can review his own orders.

The LAETST Supreme Court orders (Civil Appeal Nos.5097-5099 of 2004 decided on 07-3-2007 in the case of AV Papayya Sastry & Ors Vs Govt of
AP & Ors) it was held that
"No Court or tribunal can be regarded as powerless to recall its own order if it is convinced that the order was wangled through fraud or misrepresentation of such a dimension as would affect the very basis of the claim"

In case my contention is correct or tend to be correct this explanation can have far reaching effect in the time-frame of RTI Act. May I request my learned friends for their views ?
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