Review possible only under special circumstances: CIC

[sidmis]

Review possible only under special circumstances: CIC

As Reported in Hindu on Sunday, March 2, 2008

New Delhi (PTI): The Central Information Commission (CIC) has held that it has limited powers to review its decision, which could only be done in special circumstances.

The CIC held this while dismissing a review petition of Delhi-resident S C Agrawal, who had challenged its earlier order on his Right to Information plea wherein he sought from the Supreme Court information on citizen's right to complain about judicial misconduct.

"This Commission draws its authority for limited review from Code of Civil Procedure and it has to exercise utmost care while granting review," Chief Information Commissioner Wajahat Habibullah said in a recent order.

In response to Agrawal's initial application of May 18, 2006, the apex court had referred to its in-house procedure that speaks of actions to be initiated against judges in cases of their judicial misconduct.

CIC, however, refused to entertain the specific query of Agrawal on the inclusivity of the Chief Justice of India under those rules, on the basis that the information was not sought in his RTI application.

The applicant again approached the statutory body seeking a review of its decision of June 18, 2007 rejecting his plea.

Noting that under its "limited review powers," there has to be some new evidence which was earlier not taken into consideration, the Commission said: "There has been no discovery of any new and important matter or evidence, which was not within our knowledge when the decision was taken."

It, however, said that in case Agrawal was dissatisfied with its order, he could move a writ petition before the High Court or the Supreme Court.

Full Decision is available here.

[colnrkurup]

The CIC has Caught a Tartar. The non-sustainability of CIC's (Management) Regulation 2007 was the News for some time. At least some of us have not forgotten the stubborn stand of the CIC insisting that he has the power to make Rules and made the above Regulation flouting the provisions of the RTI Act. The conditions under which Review can be done suo motu as well as on application from parties are very elloborately given in innumerable supreme court rulings apart from the CPC. No one has any doubt. In view of the factual rulings of theSupreme Court on the issue one fail to understand following contentions of the CIC in the above judgement:

1. The principles of review was incorporatd in Para 23(2) of CIC's(Management) regulation 2007 which says:
"An appellant or a complainant or a respondent may however make an application to the cIC for special leave to appeal or REVIEW of a decision or order of the case and mention the grounds for such a request"

2. The CIC's above judgement says tht "There is no provision in theAct for the review of commission's decision"

3. I The judgement also says that " It does not leave any scope for the review of anydecision of the commission at the request of the appellant"

[karira]

CC is contravening its own CIC (Management) Regulations 2007.
If review has no scope, then how was it incorporated in the Rules ?

[colnrkurup]

I have been shouting the non-sustainability of the CIC's(Management) Regulation 2007 from Day-1. There was protracted corespondence of mine with Prof.Nigam and CIC on the issue. All of them promissed to examine the issue. A large number of netizens also agreed with me. But the issue is cooled down and the Regulation stand. But as I had pointed out, earlier, it is bound to contradict many issues. If you go through the aboive orders of CIC, you may observe that the orders says that "there is no provision in the Act to review' This means the CIC's (Management)Regulation is in contravention to the Act which exactly was my plea. Will somebody wake up at least now to see that the above so called Regulation is thrashed ?

[vijendra singh]

Dear Coln ,thousands of aggrieved appellants have been crying for REVIEW of the CIC decisions . So there must be provision for review in CIC rules so that appellants can get fair decisions at low costs.

[colnrkurup]

The CIC has recently issued amendments to their CIC (Management) Regulations 2007, according to which , he appears stopped review except in cases falling under "error apparent on the face of the record"- a condition stipulated in Rule 47(1)(c) CPC