Karnataka Govt Has themselves Made KIC Bench rules as Per Powers in 27.2.e & f , Do you think that DoPT is Absolving it own Powers or is it escapesim
N vikramsimha ,Trustee RTI Study centre & KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004. --- On Thu, 9/7/09, sarbajit roy <[email protected]> wrote: From: sarbajit roy <[email protected]> Subject: Re: [rti_india] Illegal CIC "benches" To: [email protected] Date: Thursday, 9 July, 2009, 9:48 AM 12(4) confers the Chief Information Commissioner complete powers and authority to do every necessary AUTONOMOUS thing which is not specified by the Act to be done / controlled by any other authority. As long as the C'IC *delegates* his authority to another "assisting" IC with the proviso that the decision is to be ratified by himself personally there is no problem. In this context 19(9) becomes important - specifying as it does the right of a further (presumably internal) appeal. Thus the decision of the CIC to do away with "review" makes a "further appeal" (ie the so-called 3rd appeal) crucial if the CIC is to perform. The DoPT's objection is to the term "benches" being used by CIC - and they are absolutely correct. There is no lacuna in the Act on this point; the problem is that nobody at the CIC has sufficient command over the English language - especially on legal points. Sarbajit On Thu, Jul 9, 2009 at 9:28 AM, Hariraj M.R.<harira...@gmail. com> wrote: > > > 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 > Yahoo! recommends that you upgrade to the new and safer Internet Explorer 8. http://downloads.yahoo.com/in/internetexplorer/ [Non-text portions of this message have been removed]
