can CIC recall or review his own decision?

[adil85]

Can any body enlighten whether the CIC has power to recall or ammend or modify or review his own decision? If an erroneous decision is passed by CIC without any documentary evidence simply believing on the verbal submission of the SPIO and AA in the final appeal then what remedy is left before the information seeker? Please advice with the relevant law.adil

[opsharma]

Yes,when appeal made under RTI Act Section 19 (9).Please visit CIC site and go through a number of cases having been reviewed. CIC

[shakti]

Yes but for that you must have strong reasons/grounds/evidence

[murgie]

Originally Posted by adil85

Can any body enlighten whether the CIC has power to recall or ammend or modify or review his own decision? If an erroneous decision is passed by CIC without any documentary evidence simply believing on the verbal submission of the SPIO and AA in the final appeal then what remedy is left before the information seeker? Please advice with the relevant law.adil

In the case of one request to SEBI (details in the DIRECTORY section of this site) the CIC made a ruling based on the oral submission of the SEBI CPIO. Subsequent to this CIC hearing I obtained documentary evidence that that critical submission of the SEBI CPIO was completely false, and so filed a complaint u/s18(1)e against the SEBI CPIO, and asking for the CIC to revise its ruling. So at least this avenue of filing a complaint to CIC to persuade it to hear matters again, is in principle available. The hearing is yet to take place in my case, but from a recent phone conversation with the office of the CIC, I am sure that will happen, as soon as its overloaded schedule permits. Best,

Murgie

[karira]

Under Section 23 of the CIC Mangement Regulations 2007 (available here: The Central Information Commission (Management) Regulations, 2007), the CIC has the powers to review a decision. But you must be able to convince the CIC that there is a need for a review.

As pointed out earlier by others, there are several decisions/orders of the IC's which have been reviewed.

[colnrkurup]

Even otherwise "Power to Review its own Proceedings" is inherent in every Court/Tribunals under various circumstances. The Supreme Court in Civil Appeal Nos.5097-5099 of 2004 on 07-03-2007(AV Pappayya Sastry & Ors Vs Government of A.P & Ors) has in Para 32 has ordered that "No Court or tribunal can be regarded as powerless to recall his 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". All the SICs have not issued any of their so called Management Regulations. Still some of them, at least Kerala SIC has communicated to me that he can review his orders.

[karira]

The IC PB has recently heard a review appeal:

http://cic.gov.in/CIC-Orders/PB-06082008-13.pdf

[karira]

Please also see the following thread:

When does one use a "review petition" to the CIC?