Before we proceed further in giving our views on the issues raised in Delhi HC
Judgement dated 21.05.10: DDA vs CIC, it would be better if we recapitulate the
Constitution, Functions and Power of Central Information Commission. I give
below my views in this matter as I could understand from the act and the rules
made thereunder. Members are requested to give their views in the matter
wherever they can add or differ.
Sec 2(b) defines Central Information Commission (CIC) as the CIC constituted
under sec 12(1) of the act. Sec 12(1) says that the Central Govt by
notification constitute a body known as CIC to exercise the powers conferred on
and perform functions assigned to it. As per sec 12(2), it shall consist of a
Chief Information Commissioner and Central Information Commissioners (ICs) not
exceeding ten. As per sec 12(4), the general superintendence, direction and
management of the affairs of CIC shall vest with Chief Information Commissioner
(ChIC) who shall be assisted by ICs and may exercise all powers and do all acts
and things which may be done by CIC autonomously without being subjected to
directions by any other authority under this act. Section 12(7) of the act
states that the headquarters of the CIC shall be at Delhi and the CIC may, with
the previous approval of the Central Government, establish offices at other
places in India.
Chap V ( sec 18 complaints, sec 19 appeals & sec 20 penalties) of the act gives
functions and powers of CIC..
Section18(3)providesthattheInformationCommissionshall,whileinquiringintoanymatterunderthis
section,havethesamepowersasarevestedinacivilcourtwhiletryingasuitundertheCodeofCivilProcedure,1908in
respect of (a) summoning and enforcing the attendance of the persons
and compelthemtogiveoralorwrittenevidenceonoathortoproducethe documents or
things etc. Section 18(4) empowers the Information
CommissiontoexamineanyrecordtowhichtheRTIActapplies,whichis under the control
of the public authority, during the inquiry of any
complaintunderthesaidAct.
Sec 19(3) says that the 2nd appeal against the decision of FAA shall lie with
CIC. Sec 19(7) says that the decision of CIC shall be binding. Sec 19(8) says
that CIC has the power to require the public authority to take any steps
necessary (a) to secure compliance with the provisions of the act and
(b)provide with an annual report in compliance with sec 4(1) (b) (Sec
19(8)(a)(vi)), sec 19(b) require the public authority to compensate the
complainant for any loss or other detriment suffered and sec 19 (c) empowers
CIC to impose any penalties provided under the act .
Sec 20(1) empowers CIC to impose a penalty of Rs 250/- per day subject to a max
of Rs 25,000/- on CPIO in case CPIO has (a) without reasonable cause, refused
to receive an application for information or not furnished information within
the time frame specified u/s 7(1), (ii) malafidely denied the request for
information or knowingly given incorrect, incomplete or misleading information
or destroyed information which was the subject matter of the request or (iii)
obstructed in any manner in furnishing the information. Provided that CPIO
shall be given reasonable opportunity of being heard and the burden of proving
that he acted reasonably and diligently shall be on CPIO. Sec 20(2) empowers
CIC to also recommend disciplinary action against CPIO under service conditions
applicable to him for his defaults as above.
Sec 25 concerns monitoring and reporting. Sec 25(1) requires CIC to prepare a
report on the implementation of the provisions of this act during that year and
submit copy to govt, sec 25(2) requires each ministry or deptt of the govt to
provide such information in respect of PAs within their jurisdiction, after
collecting from them, to CIC as is required to prepare the report in this
section and comply with the requirements concerning the furnishing of that
information and keeping of records for the purposes of this section, sec 25(3)
specifies the points to be included in the CIC report viz (d) particulars of
any disciplinary action taken against any officer in respect of the
administration of this Act; (f) any facts which indicate an effort by the
public authorities to administer and implement the spirit and intention of
this Act; (g) recommendations for reform, including recommendations in respect
of the particular public authorities, for the
development, improvement, modernisation, reform or amendment to this Act or
other legislation or common law or any other matter relevant for
operationalising the right to access information. Sec 25(5) says that if it
appears to CIC that the practice of a public authority in relation to the
exercise of its functions under this act does not conform with the provisions
or the spirit of this act, it may give the authority a recommendation
specifying the steps which ought in its opinion to be taken for promoting such
conformity.
Sec 21 says that no suit, prosecution or other legal proceedings shall lie
against any person for anything which is in good faith done or intended to be
done under this act or rules made thereunder.
Sec 23 lays down that no court shall entertain any suit, application or other
proceedings in respect of any order made under this act and no such order shall
be called in question otherwise than by way of an appeal under this act.
Central govt has so far framed only The RighttoInformation(RegulationofFee
andCost) Rules, 2005;and The CentralInformationCommission(AppealProcedure)
Rules,2005 so far u/s 27 of the act.
>From the above, it is clear that (1) u/s sec 19(8) CIC has the power to
>require the public authority to take any steps necessary (a) to secure
>compliance with the provisions of the act and (a)(vi) to provide with an
>annual report in compliance with sec 4(1) (b). (2) sec 25(1) requires CIC to
>prepare a report on the implementation of the provisions of this act during
>that year and submit copy to govt and sec 25(2) requires each ministry or
>deptt of the govt to provide such information in respect of PAs within their
>jurisdiction, after collecting from them, to CIC as is required to prepare the
>report in this section and comply with the requirements concerning the
>furnishing of that information and keeping of records for the purposes of this
>section, (3) sec 25(3) specifies the points to be included in the report,
>including (d) particulars of any disciplinary action taken against any officer
>in respect of the administration of this Act;,(f) any facts
which indicate an effort by the public authorities to administer and
implement the spirit and intention of this Act and (g) recommendations for
reform, including recommendations in respect of the particular public
authorities, for the development, improvement, modernisation, reform or
amendment to this Act or other legislation or common law or any other matter
relevant for operationalising the right to access information.
It would be interesting if some member could ask for info about action taken
on these points by CIC for the last year.
Also, can any member enlighten as to the sec of the act under which CIC can
take action against any officer, except CPIO, of a PA (as stipulated in sec
25(3)(d) referred to above.
M K Singhal, Engineer-in-Chief (Retd), Consultant and Arbitrator
