Re: [rti_india] Re: Can CIC be ask to write precedence orders

Monday, September 6, 2010

Re: [rti_india] Re: Can CIC be ask to write precedence orders

yes, the reply of Sarbajitir sir is in order and acceptable. However , some time the situation as mentioned by Goel do arises. In such a case, the only option is to refer the matter to larger benches of the same Commission. it is logical and legal. In case of High court such matter would be referred to larger benches so that legality on the issue can be arrived. Now, the same is not possible in case of CIC on account of the order of the High court of Delhi against constituting the benches.

regards

From: Mohit Goel <mr_mohitg@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Mon, 6 September, 2010 4:46:54 PM
Subject: Re: [rti_india] Re: Can CIC be ask to write precedence orders

Dear Sir

thanks for your detailed reply on below issue. Understood all the details but this point that " CIC orders are not to be used at precedent " . is not clear. .. why earlier order of CIC on same matter cant be cited..

if one IC , say A, decide a case on one fact/explanation and other IC , say B, decide similar case (having same fact as cited in front of IC A ) but give opp judgement as given by IC A then cant it be called as different of interpretation of same situation and how can CIC give contradictions ...

in such cases precedent of their own orders or High court rullings should be guiding point for CIC

please advise

regards

Mohit

From: sarbajitr <sroy1947@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Mon, 6 September, 2010 4:32:23 PM
Subject: [rti_india] Re: Can CIC be ask to write precedence orders

Any Appeal/Complaint to the CIC must state
a) facts, and
b) grounds

The fact that a court with jurisdiction has declared some law which is directly relevant to your case IS a FACT. So it may be stated in your facts.

If the P/A has not followed the declared law which you have cited while handling our RTI request / first appeal then this becomes GROUNDS for appeal to CIC.

When the CIC takes up your petition they will study the facts and grounds in view of the counter filed by the P/A and the rejoinder, if any, by appellant. The CIC will then proceed to frame the issues / information deficiencies. At this stage, it s upto the CIC to determine what they will use from the pleadings / hearings in their order.

1) CIC orders are not to be used at precedent.
2) High Court / SC orders may certainly be cited by you.
3) At the present time the CIC cannot constitute "full benches". Please inform me if they do so.

Sarbajit

--- In rti_india@yahoogroups.com, Mohit Goel <mr_mohitg@...> wrote:
>
> Dear Members
>
> need your expert guidance on following important issues
>
> 1. If a appeal/complaint is being filled under section 18 to CIC directly and
> certain previous judgement of CIC, Various courts are being given in black and
> white in the appeal to CIC, then please advise can we ask IC's to include those
> decision ref in the their decision copy.
> Means irrespective of fact what decision IC give can he be requested to include
> earlier CIC orders and Court decision in his judgement or not.
>
> 2. If we are not satisfied by proceedings of case being handled by single bench
> IC, then can we request for transfer of case to full bench for ensuring
> justified/impartial decision.
>
> please advise
>
> regards
> Mohit
>