Can CIC give priority to some appeals over others and hear them out of turn?
The appellant filed an application under the Right to Information (RTI) Act with the Central Information Commission (CIC) seeking the reasons for non-disposal of her second appeals by the Commission and giving priority to other appeals filed after her appeals. The First Appellate Authority (FAA) stated that the appeals were disposed of by the Information Commissioners on first come first serve basis. But as per Commission’s resolution, priority can also be accorded by the concerned Commissioner in certain specified circumstances. The various reasons for giving priority can be appellant being too old or infirm, appeals involving larger public issues and so on. The FAA also stated that the appellant’s allegation is vague and non-specific as she has not clearly mentioned as to which appeals were given priority over her appeal.
During the hearing the before Central Information Commission (CIC), the appellant alleged that her representative was not allowed to appear for her by the concerned Information Commissioner in the hearing held and her appeal was dismissed on the sole ground of her absence. The respondent submitted that the allegation made by the appellant was not correct and produced a copy of the order passed by the Commission whereof clearly mentions the reasons for dismissal of appeal. The respondent also stated that the appeal was dismissed on merits and the non-appearance of the appellant was not a ground for dismissal of appeal. The appellant also requested the Chief Information Commissioner to initiate penal proceedings against PIOs and FAAs and to pass appropriate orders.
View of CIC
The Commission observed that the appellant has not sought any specific information from the Commission; she has sought action against the PIOs and FAAs without naming the defaulters. The CIC rejected the appeal.
Citation: Ms. Rajni Devi v. Central Information Commission in File No. CIC/LS/A/2013/000218, File No. CIC/LS/A/2013/000219, File No. CIC/LS/A/2013/000220
RTI Citation : RTIFI/2013/CIC/1434
Click here to view original RTI order of Court / Information Commission