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

Dear Goel, it is not easy for a common man to approach the High Court by way of Writ Petition, since it is expensive , sometimes it doesn't work out easily and takes much time for disposal. But that is the reality we all have to face.

However, I have one point to make. If you are educated, and know the procedures of High Court , you can make a writ petition for your self. you can appear in person i.e. party in person and get the order of the court without much expenses. I have tried once and it is going on smoothly now.

The ICs at Information Commission are not from Judicail background . They are from Bureacracy and hence pass meaningless and non-speaking order thereby putting the common man in trouble. They have to approach the High Court on many times due to this kind of non application of mind.

regards.

From: Mohit Goel <mr_mohitg@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Tue, 7 September, 2010 11:57:43 AM
Subject: Re: [rti_india] Re: Can CIC be ask to write precedence orders

Dear Mr Umapathi

we await Mr sarbajit reply on your point for better clarity..

reg writ pettition , do u think it is convenient for a common man to file writ on issues related to CIC as it involves lot of money and time..

why IC's issues contradictory orders is not clear to me till time ., do they want more people should go to High court adding further work load on the courts

regards

Mohit

From: umapathi s <umi_sbs@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Mon, 6 September, 2010 10:16:54 PM
Subject: Re: [rti_india] Re: Can CIC be ask to write precedence orders

Sir, here the basic question is about the contradictory orders of the IC's of CIC . Which order to be interpreated as correct and valid in the eyes of the Law ?. Whether Review is possible by the larger benches in such cases. Writ Remedies are always available to the Citizens who are agrieved with the decisions of the CIC.

It is surprising to note that the CIC has framed a double bench even after the orders of the Hon'ble High Court. Does it not amount to Contempt of Court ? Who has to initiate the action now ?

Regards.

From: sarbajitr <sroy1947@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Mon, 6 September, 2010 6:48:39 PM
Subject: [rti_india] Re: Can CIC be ask to write precedence orders

The High Court has
a) struck down the CIC Management Regulations 2007
b) held that 12(4) does not empower the CIC to frame Rules,
Regulations etc.
c) directed the CIC to work strictly in terms of the Act and prescribed rules and not "arrogate" powers to itself.

So the CIC must sit as a Full Bench (ie all the ICs) to decide
matters.

No you cannot ask for larger bench review. Shailesh Gandhi has done so recently in a matter pertaining to Juvenile Justice Act. We shall have to await and see what CIC does next. They have already avoided explaining to me how so-called 2 full benches were constituted after the High Court order - both in matters involving the NCPRI teams. One in Venkatesh's DoPT matter and the other in spy Ujwal Dasgupta's case.

If you are aggrieved with order of a single IC, then file a Writ.

Sarbajit

--- In rti_india@yahoogroups.com, Mohit Goel <mr_mohitg@...> wrote:
>
> Dear Mr Umapathi
> as far as i know High court has questioned legality of single bench of CIC and
> asked them to decide cases in full benches only.. correct me if i am wrong
>
> question remained unanswered is that can appellant ask for larger bench review
> of a case.. recently i have seen various judgement of CIC where important
> matters related to interpretation of certain words of act has been done by
> single bench IC only and those interpretations contradict decisions given by
> other IC's on same case or even High court judgement.
>
> so as individual u are left wondering about the reasons for variance.. ideally
> any decision by courts are substantiate by valid ground and if they touch upon
> any rule/article in judgement then Honble Judges of court make sure that they
> explain the things with references to various decisions/supporting facts .
>
> regards
> Mohit
>
> ________________________________
> From: umapathi s <umi_sbs@...>
> To: rti_india@yahoogroups.com
> Sent: Mon, 6 September, 2010 5:58:25 PM
> Subject: 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@...>
> 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@...>
> 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
> >
>