Can CIC re-open a case which has been decided earlier by an information commissioner?
5 Jul, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Central Information Commission (CIC) in which he submitted that he had sent certain e-Mails to the Registry of Chief Information Commissioner for re-opening of the case decided by Smt. Deepak Sandhu (Information Commissioner).
Proceedings
During the hearing before the CIC the Public Information Officer (PIO) submitted that Smt. Deepak Sandhu had passed an order (in File No. CIC/DS/A/2010/001938) in which she had held that complete and full information had been provided to the appellant and that no action was called for therein.
View of CIC
The Commission rejected the appeal stating that the rules of the CIC did not provide for re-opening of a matter.
Comments
In some cases, the CIC has reviewed its own decision like if there has been a mistake of fact or if the third party has not been given an opportunity of being heard. While re-opening the cases, the CIC has held that the power to review its order is inherent with it.
Citation: Mr. S.R. Tiwari v. Central Information Commission in File No. CIC/LS/A/2012/002079
RTI Citation : RTIFI/2013/CIC/1421
Click here to view original RTI order of Court / Information Commission