Friday, April 19, 2013

Re: [IAC#RG] CIC reserved orders

Hello Mr. Sarabjit,

I am sending my article, which was supposed to be published by Dialogue India but due to their problems could not be so published. Besides the article what it contains, I am of the view why CIC takes so much time to send notice to the parties to come together and meet them and discuss within a month or so but it takes more than six months to send notice to the parties who do not furnish the required information.

One more interesting flaw in practical situation is that the PIO and the FAA are of the  same organisation with the result that there is no relief to the Applicant to get the appropriate reply because PIO is junior to 
FAA and as such PIO furnishes the same information which may come from FAA later one and thus wasting and gaining the time of the aggrieved. My suggestion on this account is also incorporated in the article.

If you know some one in good journal or newspaper you can forward it for publication as I have depended on Dialogue India for its publication so far.

With Best Wishes,

Yours sincerely.


On Fri, Apr 19, 2013 at 1:34 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear Nidhi

I'm posting this to a mailing list as you requested

From my own experience I can state as follows:-

CIC decisions are reserved when

a) The IC is incompetent and circulates it to his cronies for advise when he gets stuck.

b)  The IC and the Public Authority have predecided the matter before the hearing, but the appellant throws them off course in the hearing and disrupts their well laid plans so they need to reserve it.

c) Open disagreement between the members of a Bench. This happened to in one of my cases (DDA matter) between Wajahat Habibullah and M.L.Sharma, and Mr. Habibullah ended up drafting a bizarre order which resulted in CIC Management Regulations 2007 being struck down in the High Court for his arrogance.

d) IC needs to seek advise of CIC's Legal dept.

e) IC concerned simply hands it over to the "winning side" to draft. I have personally drafted many orders at CIC which were simply brushed up and delivered by them later.

Sarbajit

On Mon, Apr 15, 2013 at 6:35 PM, Nidhi Sharma <nidhi2479@gmail.com> wrote:
Dear Sarbajit

I am working on a story on CIC and would appreciate your help and inputs. I have come across a few cases where CIC hears final arguments and reserves its judgements  for months. I was wondering if you have come across the same problem in your interactions with CIC? Or would it be possible for you to put this question across to your googlegroup and see if there are some responses?

Would appreciate your help
Regards
Nidhi

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