Who can review a decision of CIC ?

[vijendra singh]

IC gave decision dt. 26.06.08 on my appeals. Now I wrote to chief CIC praying review. Pl tell me whether CIC has powers to review the decision ? What should I do now ?

[sidmis]

Hello vijendra ji,

Please see this post.

Review possible only under special circumstances: CIC

[abhijeet]

Though RTI Act is existing, but the GREAT PIOs will furnish all sports of misleading/ evasive/incorrect information; the 'biased' SIC will take decisions mostly in favour of these PIOs -- and there will be no scope for any review. It is not easy to go to the Court , so what is to be done. Recently it came in the news paper that West Bengal SIC had penalised only in three occasions and one compensation till date.

[Anil Sood]

U had done the right thing. As per CIC rules and regulations only Chief Information Commissioner has power to review of the order of any of the IC but in actual the IC are reviewing their own decisions which is against CIC reules and regulations. After review u have to aproach the High Court of Delhi against the order of the commission. Review is yor right under CIC regulation, 2007, which is available on their site. You have to give in details what is wrong in order and what you want. Normally it takes the same time and normally this time you will not called for hearing but still u can try for personall hearing but contacting respective Asstt. Registrar.

[karira]

Please also see the following thread:

can CIC recall or review his own decision?

[vijendra singh]

PIO sent u wrong reply ; u will go to AA praying for 'review' . The AA generally decides in favor of erring PIO knowingly. Then u go to CIC/ SIC praying 'review' of wrong decision of the AA. Suppose there the CIC also decided yr case wrongly. Then u will pray to Chief CIC for ' review' .& here the process of review is not guaranteed. Upto now ,these all steps might have consumed at least 2 years & lot of mental, physical energies of the applicant .May be , after 1--2 years the demanded info will be of no use for him . For such wrong reviews , the erring AA , CIC must be punished.

[Anil Sood]

There is no provision for punishing AA or for that matter IC's under RTI Act and they both got immunity under act on decision. In fact PIo's are also having immunity if they provide the information in good faith ignoring 3rd party objection. U are right most of the time AA decides in favour of PIO but in case of IC it is on applicant to present his case in a full proof manner. I will give u my example. In my earlier appeals to CIC, I did not present my case properly in front of IC Padma Subramanium and the information was denied to me. I went to appeal on new and factual ground. Order was very vague that I had to give Power of attorney of my wife which is acceptable to PIO. Consistently I persued my case with PIO and she agreed to provide one information out of 2. I settled for one information. After I got the one information I want to CIC again that one information is provided and second is denied and now today only I got the letter from CIC where they had allowed the second information also.
In any case, it is usually 6 months before your appeal/complaint is being taken at CIC. In case of Chief IC he is hearing the appeal filed in April last year, so wait could be over 2 years now as on date. In case of review they take review very rarely.
The only solution is more IC's at CIC, which govt. does not want. 20% appeals are useless like no application money is paid, or paid by wrong method or no prayer is made. These appeals should not go to IC and ordered by secretary level only.
That is the reason that CIC are saying that we go for review very rarely. Better in case of review contact secretary of respective IC and inform them the mistake in the order. In that way one can get early hearing or give a valid reason for early hearing. Unofficially senior citizen and disabled persons can get the hearing date immediately if on top of application same is written or conveyed to respective secretaries.