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  1. #49
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    Re: When does one use a "review petition" to the CIC?


    Already 2-3 threads are running on Review of decision. So at the risk of being labeled hijacker, and not finding it fit to start another thread on the same subject (However Moderators decision would be final and binding), can I dare share my concern. In one of my First appeal, FAA has decided and rejected my First Appeal, without giving me any notice of hearing, clearly siding untenable arguments of PIO (Voluminous, section 8(1)(j) etc). I feel in the light of judgment in post # 15 (Rajnish Singh v/s UPSC), this is fit case for review.
    However I am preferring to go for II appeal instead, thinking that it will save my time. Is it OK?


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  2. #50
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    Re: When does one use a "review petition" to the CIC?


    Quote Originally Posted by dr.s.malhotra View Post
    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 .
    I still don't understand what you are trying to say. You have many sweeping statements being presented as fact.

    Section 18 has many grounds on which a complaint can be filed. The cases being remanded back to FAA are mostly those in which either the Complainant did not file a First Appeal (usually PIO's reply not received / sent ) but approached the Commission directly OR where the Complainant failed to mention whether or not he had filed a First Appeal OR where the Complainant mentions that he has also filed a First Appeal. In all these situations the only route open to CIC is to send it back to FAA for decision and to inform the Complainant that he has a right to further 2nd Appeal. All of these are in conformance to 19(9). So I don't know how you can say that for 19(9) "complainant" ceases to have any meaning.

    BUT, this is not the only situations where appeals may be filed. 19(9) also provides for an IC to inform Complainants who have approached on other grounds that they have the right to FIRST Appeal and/or 2nd Appeal. You can surely deduce these situations for yourself.

    Why in this s/s "complainant" and not "appellant" ? Because section 18 Complaints are BOTH "exclusionary" and "supplementary " (but not simultaneously) to the Appeals of s/s 19(1) or 19(3). Appeals proceed in-seriatim, whereas Complaints can be made at any time for any (of the specified) reason(s).

  3. #51
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    Re: When does one use a "review petition" to the CIC?


    Appeals proceed in-seriatim, whereas Complaints can be made at any time for any (of the specified) reason(s).
    Mr. Roy,
    What I want to say is opposite of what is printed in bold in this post .
    It has been going on since long , but after the above noted SC Ruling it has become official that Complaints are being remanded back to AAs since s.18 has been dubbed to be supervisory in nature . I may or may not be entirely correct in making a statement that All Complaints are being now remanded back to AAs without even going into the grounds of the same OR no definite method is being followed while remanding back the Complaints made u/s 18 . For this reason I am saying s.18 practically is redundant as far as RTI User is concerned . We had studied almost full one year Orders by one Information Commission and were unable to decide the criteria being followed for remanding back the Complaints made u/s 18 to the particular IC .In fact similar was the conclusion with another Commission .
    So that is why I have noted in my above few posts that when Complaints u/s 18 were not meant to be adjudicated by Commissions [ and were to be remanded back stock and barrel indiscriminately / discriminately ] there is no logic behind inserting this 19(9) in the Act .

    Perhaps legislature meant something else .
    You have justified your point well . It has been nice of you to spare your time for this discussion .

    Order of Hon'ble PSIC will be out in a week or two , so let us find out whether s.19(9) can be a definite tool for Review .
    Inherent Powers remain as ever , but it would be desired of PSIC that they clearly pen down the norms for using this inherent powers to allay fears of common man of pick and choose while entertaining Review Applications .

  4. #52
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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,
    What I want to say is opposite of what is printed in bold in this post .
    It has been going on since long , but after the above noted SC Ruling it has become official that Complaints are being remanded back to AAs since s.18 has been dubbed to be supervisory in nature . I may or may not be entirely correct in making a statement that All Complaints are being now remanded back to AAs without even going into the grounds of the same OR no definite method is being followed while remanding back the Complaints made u/s 18 . For this reason I am saying s.18 practically is redundant as far as RTI User is concerned . We had studied almost full one year Orders by one Information Commission and were unable to decide the criteria being followed for remanding back the Complaints made u/s 18 to the particular IC .In fact similar was the conclusion with another Commission .
    So that is why I have noted in my above few posts that when Complaints u/s 18 were not meant to be adjudicated by Commissions [ and were to be remanded back stock and barrel indiscriminately / discriminately ] there is no logic behind inserting this 19(9) in the Act .

    Perhaps legislature meant something else .
    You have justified your point well . It has been nice of you to spare your time for this discussion .

    Order of Hon'ble PSIC will be out in a week or two , so let us find out whether s.19(9) can be a definite tool for Review .
    Inherent Powers remain as ever , but it would be desired of PSIC that they clearly pen down the norms for using this inherent powers to allay fears of common man of pick and choose while entertaining Review Applications .
    With all due respect, I find the decisions of the PSIC to be usually mediocre. It is similar to the first 2 years of the CIC when the ICs thought they were the cat's whiskers until they started getting cut down to size by judicial pronouncements.

  5. #53
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    Re: When does one use a "review petition" to the CIC?


    I observed a trend of remanding back direct complaints u/s 18(1) to PIOs, as you may observe in attached decisions and giving appellant/ complainant of both option of filing second appeal or complaint after availing first appeal option.....


    [QUOTE=dr.s.malhotra;249276]Mr. Roy,
    It has been going on since long , but after the above noted SC Ruling it has become official that Complaints are being remanded back to AAs since s.18....... ......... that All Complaints are being now remanded back to AAs without even going into the grounds of the same OR no definite method is being followed while remanding back the Complaints made u/s 18 . ............
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