Tuesday, June 8, 2010

[rti_india] 09.06.10 Delhi HC Judgement dated 21.05.10: DDA vs CIC - Constitution,Functions & Powers of CIC

 

Before we proceed further in giving our views on the issues raised in Delhi HC Judgement dated 21.05.10: DDA vs CIC, it would be better if we recapitulate the Constitution, Functions and Power of Central Information Commission. I give below my views in this matter as I could understand from the act and the rules made thereunder. Members are requested to give their views in the matter wherever they can add or differ.

Sec 2(b) defines Central Information Commission (CIC) as the CIC constituted under sec 12(1) of the act. Sec 12(1) says that the Central Govt by notification constitute a body known as CIC to exercise the powers conferred on and perform functions assigned to it. As per sec 12(2), it shall consist of a Chief Information Commissioner and Central Information Commissioners (ICs) not exceeding ten. As per sec 12(4), the general superintendence, direction  and management of the affairs of CIC shall vest with Chief Information Commissioner (ChIC) who shall be assisted by ICs and may exercise all powers and do all acts and things which may be done by CIC autonomously without being subjected to directions by any other authority under this act. Section 12(7) of the act states that the headquarters of the CIC shall be at Delhi and the CIC may, with the previous approval of the Central Government, establish offices at other places in India.

Chap V ( sec 18 complaints, sec 19 appeals & sec 20 penalties) of the act gives functions and powers of CIC.. Section 18(3) provides that the Information Commission 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 (a) summoning  and  enforcing  the  attendance  of  the  persons  and compel them to give oral or written evidence on oath or to produce the documents  or  things etc. Section  18(4) empowers  the   Information Commission to examine any record to which the RTI Act applies, which is under  the  control  of  the  public  authority,  during  the  inquiry  of  any complaint under the said Act.

Sec 19(3) says that the 2nd appeal against the decision of FAA shall lie with CIC. Sec 19(7) says that the decision of CIC shall be binding. Sec 19(8) says that CIC has the power to require the public authority to take any steps necessary (a) to secure compliance with the provisions of the act and  (b) provide with an annual report in compliance with sec 4(1) (b)  (Sec 19(8)(a)(vi)), sec 19(b) require the public authority to compensate the complainant for any loss or other detriment suffered and sec 19 (c) empowers CIC to impose any penalties provided under the act .

Sec 20(1) empowers CIC to impose a penalty of Rs 250/- per day subject to a max of Rs 25,000/- on CPIO in case CPIO has (a) without reasonable cause, refused to receive an application for information or not furnished information within the time frame specified u/s 7(1), (ii) malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject matter of the request or (iii) obstructed in any manner in furnishing the information. Provided that CPIO shall be given reasonable opportunity of being heard and the burden of proving that he acted reasonably and diligently shall be on CPIO. Sec 20(2) empowers CIC to also recommend disciplinary action against CPIO under service conditions applicable to him for his defaults as above.

Sec 25 concerns monitoring and reporting. Sec 25(1) requires CIC to prepare a report on the implementation of the provisions of this act during that year and submit copy to govt, sec 25(2) requires each ministry or deptt of the govt to provide such information in respect of PAs within their jurisdiction, after collecting from them, to CIC as is required to prepare the report in this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section, sec 25(3) specifies the points to be included in the CIC report viz (d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;  (f) any facts which indicate an effort by the public authorities to administer and  implement the spirit and intention of this Act; (g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information. Sec 25(5) says that if it appears to CIC that the practice of a public authority in relation to the exercise of its functions under this act does not conform with the provisions or the spirit of this act, it may give the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

Sec 21 says that no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this act or rules made thereunder.

Sec 23 lays down that no court shall entertain any suit, application or other proceedings in respect of any order made under this act and no such order shall be called in question otherwise than by way of an appeal under this act.

 

Central govt has so far framed only The Right to Information (Regulation of Fee and Cost) Rules, 2005; and The Central Information Commission (Appeal Procedure) Rules, 2005 so far u/s 27 of the act.

 

From the above, it is clear that (1)  u/s sec 19(8) CIC has the power to require the public authority to take any steps necessary (a) to secure compliance with the provisions of the act and  (a)(vi) to provide with an annual report in compliance with sec 4(1) (b). (2) sec 25(1) requires CIC to prepare a report on the implementation of the provisions of this act during that year and submit copy to govt and sec 25(2) requires each ministry or deptt of the govt to provide such information in respect of PAs within their jurisdiction, after collecting from them, to CIC as is required to prepare the report in this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section, (3) sec 25(3) specifies the points to be included in the report, including (d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;,(f) any facts which indicate an effort by the public authorities to administer and  implement the spirit and intention of this Act and (g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or  common law or any other matter relevant for operationalising the right to access information.

 

 It would be interesting if some member could ask for info about action taken on these points by CIC for the last year.

Also, can any member enlighten as to the sec of the act under which CIC can take action against any officer, except CPIO, of a PA (as stipulated in sec 25(3)(d) referred to above.

M K Singhal, Engineer-in-Chief (Retd), Consultant and Arbitrator


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