Nothing In RTI Act Empowers CIC To Constitute Any Committee Or Conduct Any Enquiry On Its Behalf : Bombay HC [Read Order]
5 years, 2 months ago

Nothing In RTI Act Empowers CIC To Constitute Any Committee Or Conduct Any Enquiry On Its Behalf : Bombay HC [Read Order]

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The Bombay High Court on Monday ruled that nothing in the Right to Information Act, 2005 empowers the State or Central Information Commission to constitute any committee or conduct any enquiry on its behalf and stayed the implementation of an order passed by an Information Commissioner directing the Department of Economic Affairs to conduct an enquiry. Division bench of Justice KK Tated and Justice SV Kotwal was hearing the case of Chief Public Information and Anr vs Chief Information Commissioner and Anr wherein the CPIO had challenged an order passed by the Information Commissioner dated April 28, 2017 directing the CMD and the Joint Secretary, Department of Economic Affairs to conduct a detailed inquiry into the case at hand and submit its inquiry report to the Commission. In the said judgement, High Court had ruled- "In so far as provisions of Section 19, which pertain to appeals, are concerned, the Central Information Commission or the State Information Commission in its decision in an appeal, has the power to, inter alia, require the public authority to take such steps as may be necessary to secure compliance with the provisions of the RTI Act which obviously includes the provisions of Section 4 which spells out the obligations of the public authorities. Thus, accepting the argument advanced by the petitioner's counsel and citing judgement of Delhi HC in Delhi Development Authority Vs. Central Information Commission & Anr, Court admitted the writ petition and allowed prayer clause which sought a stay on the Information Commissioner's order pending the hearing of the present petition.

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