Wednesday, May 26, 2010

[rti_india] Re: Delhi HC impact: CIC emerges divided house


1) Its not clear to me if you want a link to a Rule which explicitly ALLOWS or explictly DISALLOWS CIC from hearing cases individually or as a Bench.

2) My (and also DoPT's) starting point is the Const of India. Art 145 defines how the SC has powers to regulate its own procedure by framing rules incl. the "minimum number of Judges to hear any class of case - and the powers of single Judges" etc. Similarly for the High Courts they derive complete powers by virtue of Art 215 for "courts of record"

3) Now that the clauses by which the CIC enabled itself to decide appeals and complaints other than as a FULL BENCH of the CIC sitting as a collegium has been struck down, it would be a very foolish Central CIC or IC who hears matters without either a stay order from SC or Rules from DoPT.

The DopT's Rules are available here: "" >> "notifications"

The CIC is so rattled now that not only have they removed the Management Regulations from their website, but have also taken down all the correspondence exchanged between them and DoPT on this issue - including the correspondence between CIC Secy and Secy DoPT (then Satyanand Mishra).


--- In, Sunil Ahya <sunilahya@...> wrote:
> Dear Sarbajit,
> Can you please provide a soft copy or link to the relevant Circular/
> Memorandum/ Rules/ Regulations issued,
> either by DoPT, on behalf of the appropriate government under section 27,
> or by a competent authority under section 28,
> which explicitly interprets section 12 of the RTI Act, prescribing a clear
> guideline for Information Commission to hear cases individually or in a
> bench, a violation of which would invite contempt of court.
> Thanks,
> Sunil.

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