Thanks Mr. Karia!
Thanks Mr. Karia!
Yes. That's true. But who should review the order? Is it the same CIC/SIC who is required to review the order? I had filed a review petition with the same SIC who had passed the order. During the inspection of the file, I was told that there is no provision of 'review' of the order already passed. Is the stand taken by the SIC correct?
The Information Commission has power to review and recall its erroneous Order . Infirmity in erroneous Order leads to grave miscarriage of justice . The Central Information Commission has , in its full bench decision dated 20.11.2006 in the case of Rajnish Singh Choudhary versus UPSC , held that in cases of procedural infirmities leading to miscarriage of justice and with error apparent on face of it , there shall not be a bar on review of Order . The Central Information Commission relied on the Supreme Court decision in the case of Grindlay’s Bank Ltd. versus Central Govt. Industrial Tribunal wherein the Hon’ble Supreme Court has clearly laid down that when a review is sought due to a procedural defect , the inadvertent error committed by the Tribunal must be correct ex debito justitiae to prevent the abuse of its power and such power inheres in every court or tribunal .
This inherent power to review is mentioned in ORDER XLVII Rule 1(b) of Civil Procedure Code .
The order 47 Rule 1 of the Civil Procedure Code authorizes the court which passed the order to review the same at the instance of a party considering himself aggrieves by it, that if some new and important matter or evidence which is relevant for the purpose was discovered which could not be produced after exercise of due diligence or if there appears to be some mistake or error apparent to be some mistake or error apparent on the face of the record or there exists any other sufficient reason
Last edited by dr.s.malhotra; 19-04-11 at 10:40 AM.
Enclosed please find the order of the Punjab Information commission. Please peruse para no.12 of the said order.
dear Rajan ,
I happen to agree with your view [ since I have already availed of the review ] .
But I would appreciate if you would give your own views in light of s.19(7) and s. 19(9) - as used by PSIC vide supra . How do you interpret the two subsections ?
@Dr. S. Malhotraji!!
Sir, if possible Pliz attested the Full bench decision of CIC dated 20.11.2006 mention by you in your above post.
With regard and thank's!!
yes it would be the same Information Commissioner [ whether Chief Information Commissioner or not ]Is it the same CIC/State Information Commission who is required to review the order?
The link (https://www.cic.gov.in/CIC%20Regulations,%202007.pdf) is no longer operative.
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