Dear Manoj,
Unlike other RTI groups we have high standards to maintain. A careful
reading of 27 versus 28 will indicate that there are no appeal
procedure rules for 2nd appeals involving competent authorities like
SC and HC. In my view (and as obviously *now* shared by SC) a final
decision by the competent authority (ie. CJ or CJI) is sufficient (and
final) and cannot be adjudicated on by CIC or SIC. Hence Bhushan's
query is germane, the 2nd Appeal IF ANY shall lie to whoever is
indicated in the FAA's decision. If the SC or HC chooses to make 2nd
Appeal procedure Rules vide 28(2)(iv), it is equally open to the CIC
or SIC to follow them OR NOT.
Sarbajit
2(e) "e) "competent authority" means
(i) the Speaker in the case of the House of the People or
the
Legislative Assembly of a State or a Union territory having such
Assembly and the Chairman in the case of the Council of States or
Legislative Council of a State;
(ii) the Chief Justice of India in the case of the Supreme
Court;
(iii) the Chief Justice of the High Court in the case of a
High
Court;
(iv) the President or the Governor, as the case may be, in
the
case of other authorities established or constituted by or under the
Constitution;
(v) the administrator appointed under article 239 of the
Constitution;"
"27 (1) The appropriate Government may, by notification in the
Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality
of
the foregoing power, such rules may provide for all or any of the
following matters, namely:
(a) the cost of the medium or print cost price of the
materials
to be disseminated under sub-section (4) of section 4;
(b) the fee payable under sub-section (1) of section 6;
(c) the fee payable under sub-sections (1) and (5) of
section 7;
(d) the salaries and allowances payable to and the terms
and
conditions of service of the officers and other employees under
sub-section (6) of section 13 and sub-section (6) of section 16;
(e) the procedure to be adopted by the Central Information
Commission or State Information Commission, as the case may be, in
deciding the appeals under sub-section (10) of section 19; and
(f) any other matter which is required to be, or may be,
prescribed.
28 (1) The competent authority may, by notification in the
Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality
of
the foregoing power, such rules may provide for all or any of the
following matters, namely:
(i) the cost of the medium or print cost price of the
materials
to be disseminated under sub-section (4) of section 4;
(ii) the fee payable under sub-section (1) of section 6;
(iii) the fee payable under sub-section (1) of section 7; and
(iv) any other matter which is required to be, or may be,
prescribed."
--- In [email protected], Manoj Pai <[EMAIL PROTECTED]> wrote:
>
> Please check Section 2 (e) "competent authority"
> means
>
> (ii) the Chief Justice of India in the case of the
> Supreme Court;
> (iii) the Chief Justice of the High Court in the case
> of a High Court;
> (v) the administrator appointed under article 239 of
> the Constitution;
>
> before you pounch upon Section 28.
>
> Best wishes
>
> Manoj Pai
> Ahmedabad
> --- b4bhushan <[EMAIL PROTECTED]> wrote:
>
> > Thanks for your reply. The reading of sec 28 says:
> >
> > 28. (1) The competent authority may, by notification
> > in the Official
> > Gazette, make rules to carry out the provisions of
> > this Act.
> > (2) In particular, and without prejudice to the
> > generality of the
> > foregoing power, such rules may provide for all or
> > any of the
> > following matters, namely:
> >
> > (i) the cost of the medium or print cost price of
> > the materials to be
> > disseminated under sub-section (4) of section 4;
> > (ii) the fee payable under sub-section (1) of
> > section 6;
> > (iii) the fee payable under sub-section (1) of
> > section 7; and
> > (iv) any other matter which is required to be, or
> > may be, prescribed
> >
> > so, how high court can deny appearance before
> > commission???
>
>
>
>
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