Wednesday, June 23, 2010

Re: [RTI_India] CIC : Appeal by Email not accepted by Officials of 'Central Info


Dear Lokesh

On the face of it the CIC's online website does not meet the legal requirements which are set out in the Appeal Procedure Rules as well as in the Code of Civil Procedure (Order 6 Rule 14 [signature] and Rule 15 [verification]).

However, the Supreme Court has held that mere procedural defects cannot deny a substantive right, and hence such defects may be curable on application to the concerned court / tribunal. The same goes for the court fee defect, where the court fee act specifically provides for curing the defect.

The CIC would also be well advised to remove all defects in their "award winning" website so that appellants are not misled and CICs orders challenged when matters reach higher courts in Writ.


--- In, "Lokesh K Batra" <lkbatra@...> wrote:
> Dear Sarbajit,
> Thank you so much.
> Since you mentioned that "The CIC's online appeal procedure does not comply with the legal requirements of "verification" /signature."
> Do I take it that even "CIC's online appeal procedure" is also not valid in law?
> I have nothing more to add.
> Thanks again for making me wise.
> Rgds,
> Lokesh
> On Thu, 24 Jun 2010 08:03:38 +0530 wrote
> Dear Lokesh
> You asked "
> The big question is …...
> Can officials of CIC refuse to register an appeal submitted by an
> appellant under 'central information commissions (Appeal Procedure)
> Rules, 2005', received by commission through E-mail with all relevant
> scanned documents duly attached with the mail ?

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