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
>
No comments:
Post a Comment