Re: [HumJanenge] Re: CIC loses on penalty strikes

Dear Manu

Your entire exercise was based on a "reply" given to you by CPIO of CIC.

1) Did you ever examine the queries you framed for him to "answer" ?

2) Is a CPIO supposed to "find out" the "validity" of decisions by Information Commissioners ?

3) Please don't go bandying around words like :"ignorance" of CIC officials. Your starting premise ("What is noteworthy, however, is that the CIC does not have any
authority to review its own decisions.") was flawed. In this connection is there any decision from a High Court which has held that CIC does not have (limited) power of review in penalty cases?

4) Let us place thjis matter in historical perspective. The CIC Management Regulations 2007 was amended to provide that decisions of CIC are final (ie. no further appeal / review). This was done at the behest of Mr Habibullah at the zenith of his folly. Luckily the High Court of Delhi struck down his foolishness. Despite this Commissioners like Mr Tiwari took no notice of the Managment Regulations (and Mr Habibullah's folly) and proceeded to pass reasoned orders which re-established the autonomy of the CIC and its inherent powers of review flowing from the CPC and elsewhere.

5) In the circumstances, we should applaud those few bold Commisisoners who uphold the law and strengthen institutions, and refrain from filing Writs which weaken bodies like the CIC. It is another matter entirely if INDIVIDUAL CASES of penalty review are challenged for their ABERRANCE, CORRUPTION, LEGAL DEFICIENCES like UNREASONABLE NATURE, ARBITRARY etc. and I would 100% support you in challenging such poor orders.

Sarbajit

On Fri, Jul 22, 2011 at 10:46 AM, Manu Moudgil <moudgilmanu@gmail.com> wrote:

Mr Sarabjit Roy,

After reading the order provided by you I stand corrected. However, your message would have been more appreciable had you conveyed the same in proper language. CIC may be within law in reviewing its own orders, but people still have a right to file writ petitions if they feel aggrieved by such reviews as is the case with Mr Gupta. Also, the fact that CPIO of CIC did not know or did not care to find out the validity of such reviews points to the ignorance of CIC's own officials.

Regards,
Manu