Review possible only under special circumstances: CIC

The Central Information Commission (CIC) has held that it has limited powers to review its decision, which could only be done in special circumstances. The CIC held this while dismissing a review petition of Delhi-resident S C Agrawal, who had challenged its earlier order on his Right to Information plea wherein he sought from the Supreme Court information on citizen's right to complain about judicial misconduct. "This Commission draws its authority for limited review from Code of Civil Procedure and it has to exercise utmost care while granting review," Chief Information Commissioner Wajahat Habibullah said in a recent order. In response to Agrawal's initial application of 18th May 2006, the apex court had referred to its in-house procedures that speaks of actions to be initiated against judges in cases of their judicial misconduct. CIC, however, refused to entertain the specific query of Agrawal on the inclusivity of the Chief Justice of India under those rules, on the basis that the information was not sought in his RTI application. The applicant again approached the statutory body seeking a review of its decision of 18th June 2007 rejecting his plea. Noting that under its "limited review powers," there has to be some new evidence which was earlier not taken into consideration, the Commission said: "There has been no discovery of any new and important matter or evidence, which was not within our knowledge when the decision was taken." It, however, said that in case Agrawal was dissatisfied with its order, he could move a writ petition before the High Court or the Supreme Court.

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group