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  1. #1
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    Murgie Krishnan
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    When does one use a "review petition" to the CIC?


    I've noticed some recent references on this site to possible requests for a review by the CIC. I am trying to figure out if one request I initiated, for which an appeal hearing was heard on April 21, would be an appropriate case for such a request to be made, and whether that would save me time.

    At the appeal hearing on April 21, the CIC basically rejected ALL -- yes, ALL -- of the previous objections raised (not only in the case of my request, but actually also in connection with several prior requests made by several other academics before me). But the respondent, SEBI, brought in a brand new claim, that it needed to collect the data from other "custodial institutions."

    Neither I nor the CIC could argue over this without knowing anything more. Since then I have contacted several custodial instituions, and one was kind enough to actually send detailed data descriptions of the computer files they routinely submit to SEBI as part of compliance requirements. From this it is absolutely transparent that the SEBI's claim during the hearing -- to get data from its custodians -- related to data that it ALREADY has.

    The CIC remanded my case to SEBI's AA, and made the further stipulation that unlike in the past, I had to be given an opportunity to be heard. I was initially happy with just that, but given what has just now come to light -- that SEBI's reps blatantly and materially misrepresented facts during the last CIC hearing, I am wondering if I could save myself some time by asking the CIC to review its ruling, and simply require SEBI to make the data available in 30 days. SEBI has punted so far in all for over 5 years.

    Have just gone back and looked briefly at the RTI Act. There's no guidance in it relating to review petitions. It's also not clear if this will in fact help speed anything up ... if the CIC will itself not get around to looking at this for a few months, which also seems very likely, given its massive caseload.

    Any comments, suggestions, or links to other related information, would be very welcome. Thank you. Best,

    Murgie


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


    murgie,

    1. The review petition can be filed anytime with the CIC. There is no time bar.

    2. The CIC (Management) Regulations 2007 (http://www.cic.gov.in/CIC%20Regulations,%202007.pdf) provide for a review in Sec 23 (specifically in subsection (2) and (3)).

    3. Just search for "review petition" on the CIC website and you can study many decisions which will guide you regarding the wording of your review petition, its admissibility, arguments used by others, attitude of the CIC, etc.

    4. However, I have not been able to figure out whether the review petition is heard by the same IC, who heard the original complaint/appeal, or by the CIC.

    5. From your case details , this is a fit case for a review petition on the grounds of "deliberately withholding of information by the PA, in spite of having the information easily available". Just make sure that the documents provided by one custodian can be accepted by the commission or still better try to corroborate it with another custodian.

    Can I request the moderator to merge this thread with these other two threads by murgie, so as to maintain continuity:

    http://www.rtiindia.org/forum/1604-s...xperience.html
    http://www.rtiindia.org/forum/2124-s...l-hearing.html

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


    Thanks. Best, -Murgie

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



    Please also see the following threads:

    http://www.rtiindia.org/forum/4867-c...-decision.html
    http://www.rtiindia.org/forum/5683-w...ommission.html
    http://www.rtiindia.org/forum/4867-c...-decision.html

  5. #5
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    Review of the CIC/SIC Order


    Are the orders passed by the CIC/SIC subject to review? The Act does not contain such a provision. This appears to be one of the biggest loopholes in the Act since in most of the cases they misuse their authority.

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


    Please go through the earlier discussions here.
    Defeat is not final when you fall down. It is final when you refuse to get up.

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


    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.

  8. #8
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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.
    Please upload the decision here.
    Twitter: @cjkarira

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