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Thread: challenge in high court

  1. challenge in high court


    I have appealed to SIC against the decision of CIO of our University to provide me with certain records regarding recruitment of professors in my discipline. SIC gave a verdict in my favour. But our CIO is now considering to appeal in high court against SIC's decision. This is essentially to delay justice being done to me in matters of my carrer. Is there any way to prevent our CIO from approaching the court or convince the court not to admit the writ?
    RAO



  2. #2
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    C J Karira
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    Re: challenge in high court


    raovh,

    As a RTI applicant you will have no role in the whole process of the writ.
    This is because the PIO is going to file a writ against the decision of the SIC.
    The respondent will be SIC.
    How can you implicate yourself in this matter ?

    A good way would be to preempt the PIO and file a complaint under Section 18 to the SIC stating that PIO is not obeying the directions of the SIC and quote various sections of the IPC as given in this thread:

    https://www.rtiindia.org/forum/2454-c...e-notings.html

    Send a copy of the complaint filed to the PIO and the AA "for information".

    But you must act very fast.

  3. Re: challenge in high court


    Quote Originally Posted by karira View Post
    raovh,

    As a RTI applicant you will have no role in the whole process of the writ.
    This is because the PIO is going to file a writ against the decision of the SIC.
    The respondent will be SIC.
    How can you implicate yourself in this matter ?

    A good way would be to preempt the PIO and file a complaint under Section 18 to the SIC stating that PIO is not obeying the directions of the SIC and quote various sections of the IPC as given in this thread:

    https://www.rtiindia.org/forum/2454-c...e-notings.html

    Send a copy of the complaint filed to the PIO and the AA "for information".

    But you must act very fast.
    Karira.
    Regarding the first part of your reply, there are certain provisions under which, a third party can implead in a writ, besides filing a caveat in the court not to grant any stay until he is heard. Our advocate members will be able to explain the same in a better manner.

    Your suggestion for filing an immediate complaint u/s 18 is also cost effective. Besides, in the event of any writ being filed (against the decision of the SIC) by the PIO before the complaint u/s 18 is acted upon, this will come very handy and go against the PIO.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  4. #4

    Re: challenge in high court



    The using judiciary as delay tactics is bad thing in the development of country.

  5. Re: challenge in high court


    Dear Members,
    The suggestion of Karia Sir with regard to filing a complaint under Section 18 is very good. However, if the University files a Writ in the H.C. and the H.C. stays the operation of the orders passed by the Information Commission, then filing of complaint under Section 18 will be useless as the SIC can not take any action against the PIO for non-implementing of the orders stayed by the H.C.
    Secondly, I do not agree with Karia Sir that the appellant will not be a party in the Writ in the H.C. The appellant will be main party, although the University can also make the SIC a party. The SIC will not be a party like the lower courts are not the party, when their decisions are challenged in the superior courts.
    I would suggest, the Raovh to file a Caveat in the H.C. so that the H.C. does not grant stay orders ex-parte. The process of filing a caveat is very simple and any advocate of the area will do that. On filing the caveat petition, the H.C. will not stay the operation of the orders of the SIC before affording an opportunity to the caveator. Moreover, if the orders of the SIC are not stayed, the appellant can proceed with filing a complaint u/s 18 with the SIC.
    The other point is that the H.C. will never stay the orders of the SIC, if there is no apparent mistake of the face of it in the orders of the SIC and the information sought for is not exempted under S.8.

  6. Re: challenge in high court


    Is there any time limit to file complaint under section 18 of the act?

  7. #7
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    C J Karira
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    Re: challenge in high court


    Quote Originally Posted by raovh View Post
    Is there any time limit to file complaint under section 18 of the act?
    raovh,

    Please read the following thread:

    https://www.rtiindia.org/forum/3663-i...ct-2005-a.html
    Twitter: @cjkarira



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