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  1. #17
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by vsprajan View Post
    The provision under Section 19(9) of the RTI Act, provides the route for review of the decision by the information commission. This has already been mentioned by the Punjab information commission.
    vsprajan.

    Dr.V.S.Prasanna

    Can you enlighten me about the Section 19(9) route as mmntioned by the Punjab Information Commission, Please!!



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  2. #18
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by smbhappy View Post
    The link (http://www.cic.gov.in/CIC%20Regulations,%202007.pdf) is no longer operative.
    That is because CIC has removed the Management Regulations, which were declared illegal by the Delhi HC.
    Please read: http://www.rtiindia.org/forum/37278-...ns-2007-a.html

    In fact some SICs continue to have such regulations. They can be challenged in the respective HC.
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  3. #19
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    Re: When does one use a "review petition" to the CIC?


    I do not think the word "decision " referred to in s.19(9) of RTI Act concerns Review at all . It lacks reasoning since the Orders of IC are final .
    It is an example of poor drafting of the Act .

  4. #20
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    Re: When does one use a "review petition" to the CIC?



    Quote Originally Posted by smbhappy View Post
    Dr.V.S.Prasanna

    Can you enlighten me about the Section 19(9) route as mentioned by the Punjab Information Commission, Please!!
    Shri. Surendra Bhanot Ji,

    I hereby present my views regarding the same:

    1. The case so referred to relates to the complaint petition filed with the punjab information commission

    2. The case dealt with the imposition of penalty on the pio.

    3. The commission, after relying on various decisions of the courts, held that if the pio provides cogent reasons for the delay, the
    penalty can be dropped, and hence the commission did not impose penalty on the pio.

    4. Under Section 19(9) of the RTI act, the review so mentioned therein relates to the complaint so filed by the complainant and decided by the information commission. Kindly note that it is not a second appeal, but a complaint.

    5. Under section 19(9) of the RTI act, opportunity is given to both the complainant and the public authority to appeal before the commission under the said section, whenever the complainant and / or the public authority are not satisfied by the decision of the information commission in the complaint petition.

    6. Such an appeal procedure is different from the second appeal so filed before the commission after the first appeal before the appellate authority.

  5. #21
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    Re: When does one use a "review petition" to the CIC?


    Respected Dr. Rajan,
    Could you plz direct to the referred Order of PSIC .

    Could you plz give your interpretation / interpretations as to the word "decision " referred to in s.19(9) of RTI Act .

  6. #22
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    Re: When does one use a "review petition" to the CIC?


    Further to my Post No. 4 Please find attached a submission made to Punjab State Information Commission for review of its order dated 27 February 2012 in the Complaint case No.3375 of 2011.

    Please go through it and suggest further improvements. I need to submit the same before the commission on 03 September 2012 (Monday).

    Thanks all


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  7. #23
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by smbhappy View Post
    Further to my Post No. 4 Please find attached a submission made to Punjab State Information Commission for review of its order dated 27 February 2012 in the Complaint case No.3375 of 2011.

    Please go through it and suggest further improvements. I need to submit the same before the commission on 03 September 2012 (Monday).

    Thanks all


    Dear MODERATORS

    This same issue is already running on another thread http://www.rtiindia.org/forum/71353-...9-rti-act.html

    Also 3 posts I have made on this issue on these threads have been removed. Why ?

  8. #24
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    Re: When does one use a "review petition" to the CIC?


    Bhanot Sahib,
    It would be helpful if you can post the file in "word.doc" form .

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