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Thread: What is time frame to challenge CIC/SIC decision

  1. What is time frame to challenge CIC/SIC decision


    Hi,
    One of my friend is not convinced with CIC decsion. He is planning to challenge the CIC decision at Mumbai High Court.
    My question is that, is there any time limit to challenge the decision.



  2. Re: What is time frame to challenge CIC/SIC decision


    practically the orders/decisions of SIC/CIC are challenged immediately after the issue.

    what r the extact law/rules for it is unknown to me.

  3. Re: What is time frame to challenge CIC/SIC decision


    It is an interesting question.

    Logically given the prevailing conditions in our country, where SIC's themselves take more then a year to decide, time may not be an issue.

    I would suggest please go in for the case, find out for yourselves and share it with the forum. It would be an interesting experience for us too, unless some member of our forum already has an experience to share.
    "If you think in terms of a year, plant a seed; if in terms of ten years, plant trees; if in terms of 100 years, teach the people." -- Confucius

  4. Re: What is time frame to challenge CIC/SIC decision



    Nothing is mentioned in the Act but generally time for appeal is 30 days.

  5. Re: What is time frame to challenge CIC/SIC decision


    do civil courts have the authority to deal with 'info' matters? sec 23 of RTI act specifically bars civil courts from entertaining appeals on matters under RTI. if one is not satisfied with the decision of SIC/CIC, one may ask for review of the decision by a full bench of SIC/CIC and that is it. no appeal would lie to the high court or any other court.

  6. Re: What is time frame to challenge CIC/SIC decision


    Sec 23 reads "No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act."
    Appeal can be made.

  7. Re: What is time frame to challenge CIC/SIC decision


    appeal can be made where? under RTI act, appeals lie only to the commission. that is the understanding i have on this point. i seek advice from our learned members.

  8. #8
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    Re: What is time frame to challenge CIC/SIC decision


    Any decision/order of the CIC/SIC can be challenged through a Wirt Petition in the High Court.

    Petitioners have challenged:

    1. Non disclosure of information (Answer Scripts, Calcutta HC)
    2. No penalty being levied (Punjab and Haryana HC)
    3. Penalty being levied
    4. CIC/SIC wrongly declaring someone as a Public Authority and also NOT a Public Auhtority (stay order on BSE/NSE matter)
    5. Stay orders to disclose information (Singur - Tata case)
    6. CIC has no powers to issue directions (Allahabad HC)
    7. SIC overstepped its authority

    So, the matters being challenged through writs are very wide. But all must relate to RTI or its process.

    However, information obtained through RTI can be used to file cases in court or to complain to Police to file FIRs and proceed criminally.

    Please visit the sister website www.rtiindia.info to see some of the judgements by various High Courts.

    Nile,

    Just check with a Advocate if there is any time limit to file a Writ Petition.

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