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This is a discussion on Can I & II appellant authority have power of review of their own order? within the Ask for RTI Query forums, part of the RTI Community category; As per section 10 (2) (e), there is a power with the Public Information Officer to review his own orders. Is there such power of review with the first and ...
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#1
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As per section 10 (2) (e), there is a power with the Public Information Officer to review his own orders. Is there such power of review with the first and second Appellate authorities? |
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#2
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| No. Unless the power to review is conferred by a statute, no authority shall have any power to review its own orders. Hence, neither the first or second Appellate officer (Central/state Commissions) have power to review their own orders. |
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#3
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| The power of review confered to CPIO enables CPIO to furnish additional information in future.To put it in perspective, CPIO denies some information , but at later date he comes to know that the information is required to be given, then with power of review vested in him, he can sou moto provide the information and revise his reply.But if you look at the appelate level, no information is provided. The point of consideration before first stage and second stage appeal is that wheather the decision not ot provide or part provide information was correct or not. Therefore, review at CPIO stage is more relevent than at any of the appelate stage. Infact, at the first and second appelate stage review of the decison of CPIO is done at seperate fora. |
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#4
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"It is well settled that the power to review is not an inherent power. It must be conferred by law either pecifically or by necessary implication" |
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#5
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Quote:
and the CIC/SIC will have to call for a full bench to review this decision. Manoj |
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#6
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Quote:
I think you are misinterpreting the Section 10(2)(e).
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