Dear Mr. RTIWanted Only because a few ICs and registrars are not following regulations does not mean that regulations are not in force, and do not need to be debated. Debate is very badly needed and our moderator Mr Sarabjeet must be kudo'ed for initiating the debate.
In 2007, on this group a lady reporter Nidhi Sharma communicated to all of us that Mr Habibullah has put these regulations on hold. That Habibullah was lying to all of us is confirmed when amendments to the regulations were notified subsequently. If regulations are in not in force then where is the need to amend them ? I am also "FOR" this proposition. My submissions are as follows:- 1 - The regulation is internally inconsistent and with RTI ACT a) At 2(n) of regulation it says representative of "ANY PARTY" may include legal practitioner. Then at 15(iv) it says that appellants and complaints may NOT be represented by legal practitioner. Does this mean that only Respondents can be represented by advocates? b) Section 18(3)(a) of RTI Act gives the "Commission" powers to "compel persons to give oral or written evidence on oath". By regulations 18(iii) and 20(iii) the Registrar or the Commission "may" administer oath or take oral evidence or receive affidavits ..." c) The RTI Act gives no power to CIC to "examine" persons. But regulation 18(iv) exceeds the Act by allowing "examination" - which is a judicial power of a Court. Neither is there any prescribed rule for exercise of this facility - at least not in public domain. --- In [email protected], C K Jam <rtiwan...@...> wrote: > > This debate is itself infructuous. > IC MA, IC AT and various Asst. Registrars regularly take decisions and follow > procedures which totally contravene various sections of the CIC (Management) > Regulations 2007. If they themselves are throwing the Regulations out of the > window, why waste time in debating them ? > Name even one Asst. Registrar who whets Second Appeals / Complaints to see > whether they pass muster. > Name one IC in the CIC who goes through your complete Second Appeal / > Complaint - including in one case not even reading the title page or the > "Paryer or Relief sought" ! > > RTIwanted
