RTI

Regd Revision or review of its own order by RTI commission Regd Revision or review of its own order by RTI commission

1 year ago

Sir/Madam
Can RTI Commission review or revise its own order.
Rs 15000/- Penalty has been imposed by commission as PIO wasn't able to attend on date of hearing of show-cause and file affidavit as he got transferred to another station. So in his absence on date of hearing, order of penalty was issued on his name but not as PIO. As per law writ to high court is the only remedy available for stay of orders of Commission.
But it would incur whole lot of expenses when PIO personally faces financial chrunch/difficulties and has lot of other constraints.
So Is there any recent judgment or authority relating to review of such order of penalty or what possible steps PIO can take in this situation.
Pls guide.

Anik

Responded 1 year ago

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A.As per the Right to Information (RTI) Act, the Central Information Commission (CIC) has the power to review its own orders. The CIC may review its orders on its own motion or on an application made by a party to the proceedings.

Therefore, the PIO can file an application for review of the order of penalty imposed by the commission. The application for review should be made within 30 days of the date of the commission's order. The PIO should explain the reasons for his absence on the date of hearing and provide evidence to support his claim. The CIC may consider the application for review and may modify or set aside the order of penalty if it finds sufficient grounds to do so.

If the PIO is facing financial difficulties, he may also request the CIC to waive or reduce the penalty amount. However, the CIC may not be able to consider such a request if it is not supported by valid reasons or evidence.

If the PIO is unable to get relief from the CIC, he may approach the High Court by filing a writ petition. However, since filing a writ petition can be expensive and time-consuming the PIO may consider seeking legal advice from a local lawyer before taking this step.
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Anonymous

Replied 1 year ago

Anik Sir
Is there any recent order available of CIC or judgment of Court where revision has been made. If available at your level or if there is any link. Pls share
Regards

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