New Delhi, Oct 18 (IANS) The Supreme Court Monday stayed the operation
of a Delhi High Court order striking down the provision under which
the chief information commissioner constitutes different benches of
the transparency law panel to hear appeals.
The high court by its May 21 order quashed the Central Information
Commission (Management) Regulations, 2007. The high court also held
that the chief information commissioner had no powers to constitute
other benches.
An apex court bench of Justice P. Sathasivam and Justice B.S. Chauhan
stayed the operation of the high court order after Attorney General G.
Vahanvati told the court that it (high court order) had impacted the
functioning of the Central Information Commission (CIC).
The attorney general also said that the chief information commissioner
was unable to constitute benches to hear the cases.
The section 12(4) of the Right to Information (RTI) Act says that the
general superintendence, direction and management of the affairs of
the Central Information Commission shall vest in the chief information
commissioner, who shall be assisted by the information commissioners.
The provision says that the chief information commissioner may
exercise all such powers and do all such acts and things which may be
exercised or done by the CIC autonomously without being subjected to
directions by any other authority under this act.
In the instant case, the CIC in an application filed by Sarbjeet Roy
directed the constitution of a committee to inquire into the
compliance of Section 4 of the RTI Act by the Delhi Development
Authority (DDA). The CIC direction was issued Sep 22, 2009.
The Section 4 of the RTI Act mandates all public authorities to
maintain records duly catalogued and indexed in a manner and the form
which facilitates the right to information under this act.
The DDA challenged CIC's order of Sep 22, 2009 and the high court
while deciding the DDA's plea declared that the regulation framed by
the CIC in pursuance of its power under Section 12(4) of the RTI Act
were ultra vires (beyond the legal powers of CIC).
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