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P. Venu   10 February 2010 at 10:19

Writ by CPIO against CIC


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?

Anonymous   09 February 2010 at 21:08

power of high court

Can High Court under Article 226 order for CBI inquiry in a matter? Is there any recent caselaw in this regard?

Rama mohan Acharya   09 February 2010 at 16:40

reservation

I need the expert advise on:
A person is originally belongs to state X. his parents rae still staying in X. He got married in the state Y and staying there since last 10 years. In a recruitment process of a central PSU he submitted a certificate of OBC from state Y.He has also mentioned his home adress in state Y. During the C&A varification , it was informed by the DM of the state Y that the original residence of the person is in state X. the C&A varification was carried out in state X also.
In this circumstances where from the OBC certificate should be? from X or Y?
Kindly enlight.

Rama mohan Acharya   09 February 2010 at 16:32

Reservation

Here is case of a PSU under Central Govt. which have a school within the estate. The school gets grant from the PSU. It is run by a registred society .The managing committee of the school comprises of some members nominated by the management & also by the recognised union. The school is affiliated to the CBSE.
In this background , can the reservation for SC/ST/OBC is applicable in the recruitment of teacher and other staff of the school?

Anonymous   09 February 2010 at 06:07

RTI

Sir,
whether the information already available in public domain, say in website etc. should be provided? Can an applicant seek information reg. various exemptions available under Income-tax/Central Excise to Company and Non Company asssessees? If so, how to deal with it? Should the entire Act be reproduced?

Apurva Kumar   08 February 2010 at 20:39

on art-233(2)

1. whether an APP/APO is barred under art 233(2) of consti for appointment as ADJ?
2.whether an APP/APO regular cadre appointment constitute services mentioned under art-233(2)
3.the candidate of mine while applying for the post of ADJ took permission from Dist Judge the authority concern and also mentioned in the form of ADJ that presently he is APP/APO and yet received the admit card and finally was selected and now a case is pending in high court why not he be removed from service as per Art-233(2)?
4. kindly giv case law also if any possible?

Regards
Adv.Apurva.

anshul sangal   07 February 2010 at 22:20

Legitimate expectation

What is doctrine of legitimate expectation ?what is its relation with article 14 of constitutation?

harithashobha   07 February 2010 at 20:10

public interest litigation

sir , suppose in a case a person who has not got legal remedy on approaching court due to decision on that topic from a court of concurrent jurisdiction....and one of thre person affected was his son ' can the father file a public interest litigation in supreme court ......
............ does he have locus standi?

anshul sangal   07 February 2010 at 16:19

Leading case on Article 14

Respected sir
i am preparing for judicial examination. can u mention some leading case under article 14?

sandeep   06 February 2010 at 13:31

writ petitions

sir/madam

I want to know THE FORMATS of how drafting of writ petitions are made under various acts and also PIL & its filing procedures.
regards,
sandeep