Can an applicant request the Information Commission to review its own order?
The Act does not specifically confer a power to the Commission for review of its own decision. The CIC has held that in cases of procedural infirmities which may have led to or may be believed to have led to miscarriage of justice or where there is an error apparent on the face of it, silence of law in regard to review does not prohibit it from undertaking review in specific given circumstances. The CIC relied on the Supreme Court decision in the case of Grindlays Bank Ltd. v. Central Govt. Industrial Tribunal (AIR 1981 SC 606) wherein the Hon’ble Supreme Court has clearly laid down that when a review is sought due to a procedural defect, the inadvertent error committed by the Tribunal must be corrected ex debito justitiae to prevent the abuse of its power and such power inherent in every court or tribunal.
A review may be taken up if:
there is a technical error in the decision or on account of some mistake or error apparent on the face of record;
there was an omission to consider certain material facts relevant for the decision or on discovery of new and important matter of evidence;
appellant was not given opportunity of being heard;
PIO has not enclosed relevant supporting documents in his comments furnished to CIC.