CIC does not have the power to review its orders

Revanna P vs Jerome Kujur, Jt.GM (HR) and CPIO, HMT (International) Ltd.

Central Information Commission

19/06/2018

Complaint No. CIC/DOHIN/C/2017/154878-BJ-Final

About/from the judgment:

The CIC recently reiterated that it does not have the power to review its own orders as the same has not been envisaged in the RTI Act, 2005 or Rules framed under it.

 

As regards the dissatisfaction of the complainant-appellant with the aforementioned decision, the Commission observed that re-visiting the said orders would amount to reviewing the earlier decision of the Commission which was not envisaged within the provisions of RTI Act, 2005. In this context, the decision of the Delhi High Court in the matter of DDA v. CIC, 2010 SCC OnLine Del 2058 was found pertinent where it was held that once the statute does not provide for the power of review, the CIC cannot, without any authority of law, assume the power of review or even of a special leave to appeal. Hence, in that case, Regulation 23 was held to be ultra vires the provisions of the Act. The Court also referred to the Supreme Court’s judgment in Patel Narshi Thakershi v. Shri Pradyumansinghji Arjunsinghji, (1971) 3 SCC 844. Later, Regulation 23 of the Central Information Commission (Management) Regulations, 2007, was amended vide notification No. CIC/Legal/2007/006 dated 20.10.2008 to correct this defect. Accordingly, CIC denied intervention in this matter.

Read the Judgment

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