Rti procedure


Respected Members, On one issue ,if there is decisions/order of Full Bench of SIC/CIC.Can one bench Commission overrule that and give different order i.e in opposite to the earlier full bench order of the SIC/CIC in similar type of issue.??? OR the principle of judicial discipline also need to be follow by SIC/CIC i.e judgment can only be overrule by the bench of larger bench.??
practising Advocate

Please be briefed, that the function of the original authority, the first appellate authority and the authority disposing off the second appeal is purely administrative and not either executive or judicial .Therefore, there is no question here of any enquiry into the facts or on the rights and obligations of any contesting parties nor any investigation  in the entitlement or otherwise of applicant for information nor any examination of the purposes for which the information is sought for or likely to be used. If the information asked by the applicant is available , the only question is whether it is covered by any exemptions mentioned in section 8 and 9 of RTI Act , if not the information shall be released to the applicant.

Please further be informed that the state information commission is not subordinate to the central information commission.

So far there is no concept of decisions by full bench or otherwise under the RTI Act and the information commissioners at the state level as well as at the central level act independently.




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