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Thread: Are The Commissions Are Courts ?

  1. #9

    Re: Are The Commissions Are Courts ?

    Dear Elite Readers,


    The CIC and SIC do have certain powers of the civil courts but they are not presided over by judicial officers and hence cannot be equated to courts. They are like tribunals. That is why when the decisions of CIC are SIC are challenged in the High Court, the CIC or the SIC, as the case may be, is impleaded as one of the respondents. This is not followed in case of civil or criminal courts. The court or the judge is not a party before the proceedings in higher forums.

    I share the concern that professionalism is missing in the proceedings before the CIC or SIC. This may be due to the reason that when appeal/complaint is made before the Commission it is not processed, as in the court and are admitted. At times even without the order impugned, appeal is admitted and notice is ordered. It could be the high time where an element of professionalism is introduced to the Commission and things should be standardized. This will go a long way in improving the overall standards.

    May God bless,

    keep in touch: (Posting of mail ids is against forum rules-hence deleted)

    Last edited by ambrish.p; 03-08-10 at 01:13 PM.

  2. Re: Are The Commissions Are Courts ?

    CIC & SIC have limited powers under CPC as stated in section 18 [3] and hence they cannot be treated at par with court. I have come across dicisions of FAA [dist collectors] where in they mention the word COURT in the heading like "before the Court of AA etc." Thus even IAS officers do not know that they are not courts while deciding appeals under RTI Act.
    It takes each of us to make difference for all of us.

  3. #11
    Col NR Kurup (Retd)
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    Re: Are The Commissions Are Courts ?

    You said it correctly. The CIC and SICs are not courts but Tribunal sort of set up vested with specific powers of court stipulated in Section 18(3)(a) to (f) and power to penalise the PIO under Section 20. I think it will be better to keep them that way without introducing much of the pseudo profesionalism lest they indulge in undesirable proceedures.

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