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Thread: Let us Know TheAct - Court of Records

  1. #1
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    Col NR Kurup (Retd)
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    Let us Know TheAct - Court of Records


    We often quote the Central Information Commission's Orders in support of certain pleas the same way Supreme Court/High Court Orders are quoted. We fail to realise that the CIC/SICs are not Court of Records and reference to their previous orders are not legally sustainable. Even the CIC/SICs themselves may not accept any of their previous orders as an authority in confirmation of our plea. Of course there appears nothing wrong in using such orders only as a guideline in support of any of our pleas. Any comments on the contra ?



  2. #2
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    Re: Let us Know TheAct - Court of Records


    I have never had the occasion of filing a Second Appeal before any SIC/CIC.

    But, in most of my First Appeals, I have successfully presented citations from various decisions of the CIC or SIC's (even if it does not pertain to the same state), in support of my arguments. No one has objected till now.

    Besides, there are several decisions of the CIC, wherein CIC themselves have referred to some other earlier decision/arguments, in coming to a conclusion. If CIC can do this, why can't you and me do the same ?

    These decisions also show that in some cases, both appellants and respondents have cited previous decisions of the CIC to support their arguments. There have been no observations from any IC against this practice.

  3. Re: Let us Know TheAct - Court of Records


    i have cited CIC/SIC's decisions even in my 1st appeal and 2nd appeal and I have not got any objection

  4. #4
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    Re: Let us Know TheAct - Court of Records



    There is nothing wrong in it. It is a guide line. What I meant was that the status of the previous decisions of CIC/SICs does not have the legal stand akin to the Supreme Court and High Court decisions. It is not obligatory for one Commission to abide by the decisions of other Commission.

  5. #5
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    Re: Let us Know TheAct - Court of Records


    colnrkurup,

    My little experience has shown me that bureaucrats in India, love the word "precedent".
    Let RTI applicants also love the same word.....why bother about legalities if there is a "precedent"

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