This is a lacuna in the RTI act. The act does not provide for CIC or SICs to sit in benches. For example, if there are 10 Information Commissioners, and one Chief Information Commissioner, in the CIC, all 11 together constitutes the CIC. IT would mean that the decision of one member cannot be considered as the decision of the CIC.
The way it is going to affect us - The already clogged second appellate stage will become much more cloggged. the right will be a mirage. The litigation for RTI will never end. WE WOULD BE DOOMED. But never the less, I have taken this contention before the Court in one case. I hope the court rejects my argument on this point. HARIRAJ "We are made wise not by the recollection of our past, but by the responsiblity for our future." -George Bernard Shaw 2009/7/9 sroy1947 <[email protected]> > > > > http://timesofindia.indiatimes.com/India/Over-13300-cases-disposed-off-by-CIC-/articleshow/4753941.cms > > "Chavan also said Government has advised the Commission that decision on > complaints and appeals should be taken by the Central information Commission > as defined in Section 2 (b) of the RTI Act, 2005 and not by Benches of the > Commission." > > "The Right to Information Act, 2005 does not contain any provision for the > constitution of Benches," Chavan said." > > What exactly does this mean ? How will if affect citizens ? > > The DoPT stand is that there is no (explicit) provision in the Act for > benches and that the CIC is a "collective body" defined in 12(1) of RTI Act > to only perform those functions assigned to it UNDER the Act. > > OTH the CIC's stand is that all powers / authority of the Commission vest > solely in the Chief Information Commissioner as per 12(4), and that the > other IC's are only his "assistants" - deriving their powers by delegation > from the Chief's. Obviously this stand has not gone down very well the > IC(Tiwari) and IC(SM) - both former powerful DoPT bosses (unlike Mr.H who > only had an insignifcant Panchayati Raj to lord it over). > > So now you know :-) > > Citizens need not be bothered, nobody listens to the CIC in any case. > > Sarbajit > > > [Non-text portions of this message have been removed]
