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

  1. #41
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by dr.s.malhotra View Post
    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)

    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 .
    Dear Dr Malhotra

    1) There is nothing wrong or vague or ambiguous with the wording of 19(9). It is crystal clear to me.
    2) All your so-called queries / doubts (your points 1 through 5) exist only in your mind because you dont read the RTI Act the way any legal professional would.


    What does 19(9) say

    "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."

    1) This s/section only concerns COMPLAINTS. It does NOT concern APPEALS. There is a reason for this.

    2) "Notice of decision" is not the same as "decision". Notice of decision is the FORMAL NOTICE of a decision taken. It allows the receiver to take further steps in law .. whereas (uncertified) "copy" of the decision" would not be sufficient for a subsequent appeal



  2. #42
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    Re: When does one use a "review petition" to the CIC?


    @Sarabjit's Post#41
    "Notice of decision" is not the same as "decision". Notice of decision is the FORMAL NOTICE of a decision taken. It allows the receiver to take further steps in law .. whereas (uncertified) "copy" of the decision" would not be sufficient for a subsequent appeal


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  3. #43
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    Re: When does one use a "review petition" to the CIC?


    @ Sarbajit,

    With due regards, may I submit that your argument would have carried same weight, if you could have avoided these unnecessary loading of unwanted, avoidable words. Remember speaking loud donot add weight to one's argument.

  4. #44
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    Re: When does one use a "review petition" to the CIC?



    Mr. Roy,
    I am not a legal professional , so it explains my queries / doubts. I am still learning.
    1) This s/section only concerns COMPLAINTS. It does NOT concern APPEALS. There is a reason for this.

    2) "Notice of decision" is not the same as "decision". Notice of decision is the FORMAL NOTICE of a decision taken. It allows the receiver to take further steps in law .. whereas (uncertified) "copy" of the decision" would not be sufficient for a subsequent appeal
    That is precisely the point I have made . So I will agree with you .
    Now to further my query/ doubt : what remedy and at what stage for such Complainant who has been put on Notice [ although this is hardly the practice ] u/s 19(9) .

    why word Public Authority and not the PIO [ against who Complaint is ] ?

  5. #45
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by dr.s.malhotra View Post
    Mr. Roy,
    I am not a legal professional , so it explains my queries / doubts. I am still learning.


    That is precisely the point I have made . So I will agree with you .
    Now to further my query/ doubt : what remedy and at what stage for such Complainant who has been put on Notice [ although this is hardly the practice ] u/s 19(9) .

    why word Public Authority and not the PIO [ against who Complaint is ] ?
    The right of appeal, if any, would be contained in the CIC's decision notice. For example nowadays many ICs like IC(SS) often specify in complaint cases that the Complaint is being transferred to the FAA for disposal and that the Complainant can thereafter approach the CIC in 2nd Appeal if not satisfied.

    The term Public Authority is used for, say, situations between the citizen and the Public Authority which do not involve PIOs. Not every Complaint will be against a PIO. For instance a Complaint could be made that the PA has not appointed a PIO.

  6. #46
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    Re: When does one use a "review petition" to the CIC?


    In view of the fact that Complaint is not considered a remedy and Complaint u/s 18 is considered a tool for Inquiry [ Hon'ble SC in CIC vs State of Manipur] , the Complaints can not be treated as Complaints , but only 2nd Appeals where FA has not been filed . So , technically , word "Complainant" u/s 19(9) ceases to have any meaning . So how would you explain the above now in that scenario where one can not approach IC with a Complaint ?

  7. #47
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by dr.s.malhotra View Post
    In view of the fact that Complaint is not considered a remedy and Complaint u/s 18 is considered a tool for Inquiry [ Hon'ble SC in CIC vs State of Manipur] , the Complaints can not be treated as Complaints , but only 2nd Appeals where FA has not been filed . So , technically , word "Complainant" u/s 19(9) ceases to have any meaning . So how would you explain the above now in that scenario where one can not approach IC with a Complaint ?
    Can you precisely bring out the issues.

    1) 19(9) is not concerned with "remedy". It is merely a procedural stipulation cast upon the CIC/SIC for complaints by the Act itself (since appeal procedure is detailed through Rules) to MANDATORILY do 2 small things.

    a) To issue its decision notice to (i) the complainant and (ii) the Public Authority.
    b) That the decision notice must specify the further appeal rights available, if any.

    Unfortunately there is a tendency to read more into the statute than exists.

  8. #48
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    Re: When does one use a "review petition" to the CIC?


    Afraid , my query is not clear yet . Let me clarify further .
    Now every Complaint is being remanded back to FAA [ or what should follow the noted ruling by Hon'ble SC ] . The Complaints are not being entertained at the behest of the RTI User , but rather it is now the discretion of the IC as to whether/when to conduct an Inquiry , RTI User can only file a Second Appeal . The very word " Complaint [ hence complainant] " ceases to have any meaning . Therefore my query is when there is no Complainant , how will you interpret the word "Complainant" in context of s.19(9) .
    Do you think a provision was made for follies on part of Citizens .[ since Complaints were not meant to be entertained ]

    Another query which remains is why this .s.s refers to only Complaint and why not Appeal ? What is the logic behind it ? It can not be random selection of one word over other as generally it is believed legislature has a motive behind every piece of law . After all thousands of Complaints were entertained and adjudicated by ICs before it became a norm to remand back the Complaints .

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