Did the hearing take place? What was the outcome? Please share so that members can be benefited by whatever was the outcome.
Not yet. I gather the CIC is backed up so much that my hearing will most likely not come up till 2012. Because we learnt some things in the course of previous RTI requests -- e.g. we now know the structure of the data with SEBI and RBI (SEBI has actually posted that circular publicly now) -- some are trying their luck with fresh RTI queries to SEBI and RBI. Best, -Murgie
Even otherwise "Power to Review its own Proceedings" is inherent in every Court/Tribunals under various circumstances. The Supreme Court in Civil Appeal Nos.5097-5099 of 2004 on 07-03-2007(AV Pappayya Sastry & Ors Vs Government of A.P & Ors) has in Para 32 has ordered that "No Court or tribunal can be regarded as powerless to recall his own order if it is convinced that the order was wangled through fraud or misrepresentation of such a dimension as would affect the very basis of the claim". All the SICs have not issued any of their so called Management Regulations. Still some of them, at least Kerala SIC has communicated to me that he can review his orders.
Dear Col. Kurup ,
Can you please send me a copy of Kerala SIC order communicating for review of its own orders. I would be obliged for the same.
E Mail : email@example.com - Deleted email id - posting against forum rules
Yes, CIC has got the power to review its own decision. But the CIC is neither a court nor a tribunal. It performs a limited function of a civil court while dealing with the Appeals u/s 19(3) RTI Act 2005 as per the rulings of Delhi High Court. At least as far as the prudence says, CIC should thus have no obstacle in recalling its order also, if it finds that the same had been obtaind by misleading or fraud.
Yes, CIC has got the power to review its own decision. But the CIC is neither a court nor a tribunal. It performs a limited function of a civil court while dealing with the Appeals u/s 19(3) RTI Act 2005 as per the rulings of Delhi High Court.
CIC is a quasi judicial body, akin to a tribunal, and has powers of a civil court only while conducting an inquiry while dealing with a Complaint under Sec 18. Not while deciding a second appeal under Sec 19(3). Please read Sec 18(3) carefully:
18(3). The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
Yes, you are right. I am sorry the section should have been 18(3) RTI Act. However, there is a judgement of Delhi High Court in the Case DDA VS CIC in which on May 21st 2010 the Hon'ble court had ruled that"The Central Information Commission
is a creature of the statute and its powers and functions are circumscribed by
the statute. It does not exercise any power outside the statute. There is no
power given by the statute to the Central Information Commission to call
any person or compel any person to be present in a hearing before it in the
proceedings under the Act, except for the purposes of giving evidence - oral
or written or for producing any documents or things. Thus, no adverse
inference could have been drawn for the absence of the Vice-Chairman,
DDA in the proceedings held on 03.09.2009. This question is also answered
in the negative." This where I was relying.