Can administrative order overturn a judicial order?
The appellant claimed that the Deputy Registrar of the Allahabad High Court had passed an order by which he had overturned an earlier order of the Allahabad High Court. He filed an application under the Right to Information (RTI) Act with the Allahabad High Court seeking to know if there was any particular provision based on which a judicial order was overturned by an administrative order. The Public Information Officer (PIO) informed him that it was not his duty to offer any interpretation or opinion of the kind sought by the appellant.
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The Central Information Commission (CIC) observed that the PIO should provide the photocopy of the relevant file noting in which the approval of the competent authority had been obtained for issuing the order. The CIC also advised the appellant to deposit the application fee by sending a demand draft for Rs. 250/- drawn in favour of the Registrar General of the Allahabad High Court. The CIC also directed the PIO to send the requested photocopy of the relevant file noting to the appellant.
Citation: Mr. Baldev Raj Khana v. Allahabad High Court in File No. CIC/WB/A/2010/000777SM
RTI Citation : RTIFI/2013/CIC/1202
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