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Thread: When does one use a "review petition" to the CIC?

  1. #33
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    Re: When does one use a "review petition" to the CIC?


    I have picked up part of your post relevant to this forum as follows :
    Th provision for review in the RTI Act 2005 stems from 7(3), 10(2)+(3) and 25(3)(c) for specified matters and the CPC thereafter.

    Of these the most important is 25(3)(c) !!!
    "... the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals; .. "

    s.7(3) and s.10(2) which you are referring to do not provide any provisions for review by IC . The non-compliance of these though provide cause for a request for Review .

    s.10(3) : RTI Act does not have any such sub-section . perhaps you may like to correct it .

    s.25(3)(c) of RTI Act : plz read it carefully . "... the number of appeals referred to the Central Information Commission or State Information Commission .."
    Referred from where ? This is another example of poor drafting of the RTI Act . Though ambiguous , yet it would mean the referral of impugned First Appeals [ Orders] to Information Commission . The language of this particular sub-sub-section is no better than other faulty parts , of which there is no dearth in the Act .

    Just to add / repeat my humble views :
    Power of Review with IC is based on INHERENT POWER TO REVIEW as provided under Order 47 Rule 1 of CPC [ and affirmed by Hon'ble SC in their various Judgements ] , AND s.19(9) of RTI Act . How section 19(9) fits into scheme of things , just wait for that .



  2. #34
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by sarbajit View Post
    And ONLY then in YOUR post #20 did you try to wriggle out by your usual long-winded and off-the-point tactics you are employ on every thread.Please don't blame SMBhappy's post.
    1. There is no need for me or any body else to wiggle out.

    2. There is nothing to blame on SMB Happy's post because, on his specific request I had sent my response and I was thanked by
    him for the same.

    3. Moreover, the views posted by the members are only the view points which are subject to further discussion and which are in
    no way binding on any body.

    4. All Members have their sole discretion to agree or disagree on opinions on thread and hence, a particular member by any
    stretch of imagination cannot mislead any body else in the forum.

    5. Contents of the post in capital letters deleted by Moderator. Poster may repost the contents if he/she so wishes.

    Quote Originally Posted by sarbajit View Post
    Kindly apologise to the members (if not to me) for wasting everybody's time, and henceforth desist from using the well documented tactics you use to do so.
    Contents of the post in capital letters deleted by Moderator. Poster may repost the contents if he/she so wishes.

  3. #35
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by dr.s.malhotra View Post
    I have picked up part of your post relevant to this forum as follows :

    s.7(3) and s.10(2) which you are referring to do not provide any provisions for review by IC . The non-compliance of these though provide cause for a request for Review .

    s.10(3) : RTI Act does not have any such sub-section . perhaps you may like to correct it .

    s.25(3)(c) of RTI Act : plz read it carefully . "... the number of appeals referred to the Central Information Commission or State Information Commission .."
    Referred from where ? This is another example of poor drafting of the RTI Act . Though ambiguous , yet it would mean the referral of impugned First Appeals [ Orders] to Information Commission . The language of this particular sub-sub-section is no better than other faulty parts , of which there is no dearth in the Act .

    Just to add / repeat my humble views :
    Power of Review with IC is based on INHERENT POWER TO REVIEW as provided under Order 47 Rule 1 of CPC [ and affirmed by Hon'ble SC in their various Judgements ] , AND s.19(9) of RTI Act . How section 19(9) fits into scheme of things , just wait for that .
    Pointwise
    1) I have never said that 7(3) or 10(2) provide for review BY AN IC. The language I used is specific. I am amplifying below.

    2) I had 2 versions of RTI Act open before me, and there was some confusion between them (1 was an MS-Word .doc version with automatic numbering) on numbering of 10.2 and 10.3. You are right, it is only 10(2). There is no s/section 10(3) in the Act.

    3) 7(3)(b) enables a revised (capitals reduced to lower case) of a PIO's reply concerning quantum (capitals reduced to lower case) of further fees (capitals reduced to lower case) or mode of access permitted (capitals changed to loewer case) and it is to (capitals changed to lower case) the (first) "appellate authority". On other threads I have maintained that the FAA process is limited (capitals changed to lower case) to "review" only.

    4) 25(3) seems to be a typo in the Act. Probably they mean "preferred to".

    5) Section 19(9) of the RTI ACT has nothing (capitals reduced to lower case) to do with revew - it does not even use the word.

  4. #36

    Re: When does one use a "review petition" to the CIC?



    Please don't take personally. You both are knowledgeable persons.
    Both of you can contribute in largest interest for members of this forum.

  5. #37
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by akhilesh yadav View Post
    Please don't take personally. You both are knowledgeable persons.
    Both of you can contribute in largest interest for members of this forum.
    At the outset, thanks for your views.

    I further mention that -

    1. All the members in this forum are knowledgeable / experts in the respective fields ( just awaiting appropriate opportunity to express before a competent statutory forum / court), and it is a welcoming feature of this forum that it provides an open platform for every body to contribute their unique knowledge and expertise, so as to enable others to have a wide variety of views on subjects connected to RTI, which provides rich insight and stimulates ideas.

    2. Millions have immensely benefited through this forum.

    3.I hereby bring to your kind attention ( and for all the other members in this forum ) that a member in this forum is consistently posting that I am misleading / hijacking the thread.

    In this connection, it has been clearly mentioned in my post in one of the threads that -

    (a) No member can mislead any other member because all members have access to all the view points in various threads.

    (b). All members have their total discretion in adopting the suitable course of action, and they are no way necessarily bound by the opinions posted on the forum.

    (c) All members have numerous independent sources to assist them in taking an informed decision for their problems.

    For all the aforesaid reasons, the misinformation being spread that I am misleading / hijacking the thread is quite unfounded.



  6. #38
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    Re: When does one use a "review petition" to the CIC?


    Thanks Akhilesh for giving a signal . Your point is well taken at my end .

    In this thread I am purposely urging a discussion on s.19(9) as Sh. Bhanot is relying on this section - subsection for praying a review from Hon'ble PSIC on 3-9-12 .
    The language of the s.s is ambiguous and thus open for interpretation and thus there is a scope for persuading the PSIC on this .
    I am not at all commenting on the facts of the case as to whether a case is made for Review or not , I limit myself only to issue whether IC HAS POWERS TO REVIEW THEIR ORDER UNDER s.19(9) of RTI ACT .
    s.19(9)
    The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
    AMBIGUITIES in s.19(9)
    1. why only word COMPLAINANT ? why not Appellant too ?
    2. why the word PUBLIC AUTHORITY ? Why not PIO ?
    3. Why it expressly mentions NOTICE OF ITS DECISION - whether it means that IC will supply a copy of the Order to Complainant and PA ? To me that does not make sense . Final Order has to be passed and supplied to contesting parties in every matter anyway , so there was no need to insert the word NOTICE of decision unless it intended to give the two parties an opportunity before IC for raising objections since the final decision of the IC would be final .
    4. Why words ""ANY RIGHT TO APPEAL" ? The Order can not be APPEALED before High Court , it can only be challenged by way of a writ petition . So by inserting the word APPEAL , the legislature actually intended to give an opportunity to two parties to raise objections to decision of the IC before the matter was finally closed and disposed off . APPEAL can only be made to IC under RTI Act , it can not be made to courts .
    5. As has been mention in above referred Order of PSIC [ in previous posts ] : It tend to convey that s.19(9) perhaps concerns JUDICIAL REVIEW . The powers of HC and SC flow from Constitution of India and are inherent under Art 226/ 227 / 32 to entertain writ petition against Orders of IC . These powers are not dependent upon RTI Act at all . So there is no reason why this subsection would be inserted only to tell citizens that the Orders are open to Writ Petitions before HC and SC .
    Further IC is not an advisory body to suggest to Complainant and PA on their rights to appeal . It does not make sense .
    From above, it appears to my mind , s.19(9) refers to Review of Order of IC at their level only .

    plz suggest . It has been agreed that IC enjoys, anyway, inherent powers to review their Orders , so this is not the point to be discussed in my post here .

  7. #39
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    Re: When does one use a "review petition" to the CIC?


    I have relied upon the following contention stated by Dr. Malhotra in his above post.

    "The Order can not be APPEALED before High Court , it can only be challenged by way of a writ petition . So by inserting the word APPEAL , the legislature actually intended to give an opportunity to two parties to raise objections to decision of the IC before the matter was finally closed and disposed off . APPEAL can only be made to IC under RTI Act , it can not be made to courts ."
    The Chief information commission is also in knowledge of the infirmities committed by him in his order dated 27 February 2012, and now wants an escape route to come out of it and set the things right. That's why he has accepted my application dated 01 March 2012 for review. Normally, the applications for review by appellants/complainants to the Commissionfind the way to dustbin without giving a thought. Only application of PIOs are entertained in the Commission and decisions reversed, for strange reasons best known to commission.
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  8. #40
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by sarbajit View Post

    Th provision for review in the RTI Act 2005 stems from 7(3), 10(2)+(3) and 25(3)(c) for specified matters and the CPC thereafter.

    Of these the most important is 25(3)(c) !!!
    "... the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals; .. "

    HAS ANYBODY REFERRED TO 25(3)(c) on this thread in the last 4 years ???
    Yes!! Sarabjit carries a strong point there. Section 25 requires (an) Information Commission to prepare an Annual Report and subsection (3) requires - Each report shall state in respect of the year to which the report relates,— (c) the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals; This sub-section if interpreted by a combined reading provides an latent and inherent Power of Review to the Information Commission; as also affords an opportunity to the complainants/appellant/Public Authority to seek review of the order of the commission.

    We must carry out a discussion on this Section vis-a-vis Power of review of its own order by Infoamation commission, perhaps in a separate thread.
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