Writ by CPIO against CIC
P. Venu
(Querist) 10 February 2010
This query is : Resolved
It has become quite a routine for the Central Public Information Officer (CPIO) of the Supreme Court to file Writ Petitions, in his official capacity and at public expense, against the orders of the Central Information Commission (CIC) against overruling his decisions. CPIO, as far in matters relating to Right to Information (RTI) Act, functions within the purview of the Act and the Appellate Authority under the Act and the CIC are his official superiors. In other words, he is not accountable to the hierarchy in the Supreme Court so far as the functions under RTI are concerned. In such circumstances, has he the locus standi to file Writ Petitions against the CIC even if it is with the approval or suggestion of the Supreme Court Registry?
This brings up a larger question. Has a public servant the locus standi to seek judicial review of the instructions from or decisions of the official superior in official or personal capacity?
Are there any decided cases?
Raj Kumar Makkad
(Expert) 10 February 2010
I think the interpretation of rules in this regard are to required to be reviewed so that powers may be defined clearly and no such clash of powers as prevalent in the given circumstances may arise again.
