Dear Manoj
As usual CIC Wqajahat Habibullah has ignored the letter of the law.
The RTI Rules of the High Court are framed by the Chief Justice in his capacity as "competent authority".
Section 25(5) only empowers the CIC to issue a recommendation to the
"public authority" which is a different entity altogether.
If only Wajahat had put up this matter to the FULL Commission before issuing this CORRUPT recommendation, the public of India would have been much happier. Now what is certain to happen is that the Court will issue a stay on WB's order and at Allahabad HC it takes 50+ years to get a stay vacated.
So very clever of Mr H. <smile>
Sarbajit
--- In rti_india@yahoogroups.com, Manoj Pai <manojpai@...> wrote:
>
> Here is an interesting decision by Wajahat, in the matter of Shri Onkar Sharma v/s Allahabad HC. The respondent has rejected the demand by stating
>
> “Your application dated 14.3.2009, in which you have sought
> certain information under Right to Information Act, 2005, is not
> found in accordance with the Rule 20(a)(v) of Allahabad High
> Court (Right to Information) Rules, 2006 consequently it is
> rejected under the said Rule."
>
> However, Wajahat, reading several provisions ruled in the favor of disclosure of information
>
> "......... the High Court has established a practice of refusing such information which would justify recourse to Rule 20 (v), this
> practice is clearly in violation of the law and the CPIO is hereby directed u/s 19 (8) (a) (iv) to ensure necessary changes in this practice to bring the management of such records into compliance with the RTI Act 2005. CPIO will now provide the information sought to appellant Shri Omkar Sharma within ten working days of the date of receipt of this Decision".
>
> Check full decision at the following link
>
> http://www.rti.india.gov.in/cic_decisions/CIC_PA_A_2009_000011_M_39558.pdf
>
> Looking forward to more such decisions in favor of disclosure.
>
> Manoj Pai
>
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