Sunday, February 21, 2010

Re: [rti_india] RTI appeal


Dear Shri Amitabh Thakur
     Apropos your query, the position is as under:
    While Chief Information Commissioner is the Executive Head of Informataion Commission for administrative purposes, he has no superintending authority over the decisions or orders passed by other Commissioners. They all are at par with each in so far as adjudication of appeals and / or complaints filed with the Commission. While, in terms of regulations framed and circulated by Central Information Commission, there was a provision for review by full bench of the Commission, of an Order passed passed by any Commissioner, this was, however, held back statedly under advice from the Government (DOPT). None of the State Information had framed any regulations and / or provision for a review of an order passed by Information Commissioner by Chief Information Commissioner There has been no known case of an order passed by Information Commissioner having been reviewed later.
     Further, there is no provision for an Order passsed by a Commissioner being challenged. As per provision of Sec 23 of RTI Act, Courts are barred from entertaining any suit, application or other proceedings in respect of any order made under this Act. Matters relating to RTI are, however, taken to and entertained by High Courts by way of Writ Petition on points of law.Otherwise, the decisions of Information Commission have Bar of Jurisdiction of Courts.This is expressedly prescribed by Sec 23 of RTI Act.
    I trust, that explains the position.You are welcome for any further clarification, if so desired 
   (093222 58038)

--- On Sun, 21/2/10, Amitabh Thakur <> wrote:

From: Amitabh Thakur <>
Subject: [rti_india] RTI appeal
To: "RTI" <>
Date: Sunday, 21 February, 2010, 12:34 PM



I want to raise a few queries before you as regards the provisions of the RTI Act-

1. Can the decision of a State Information Commissioner (or Central Information Commissioner) be challenged before the respective Chief Information Commissioner?
2. If yes, under which provisions of the Act?
3. If no, then in what ways can an order/ decision of a State Information Commissioner (or Central Information Commissioner) be challenged ?
4. What are the provisions of law (including that in the RTI Act) under which order/ decision of the Information Commission (or Commissioner) can be challenged?
5. What are the powers of the High Court in this regard other than the usual writ-provisions?

Amitabh Thakur
Currently at IIM Lucknow
# 94155-34526

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