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Error Apparent in 2nd Appeal Decision


nk agarwal
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Yes.  It can be field.

But, I have never come across such instance that IC reviewed his order.

May be, if the appellant appears strong and may create a threat on IC that this will go to HC, he may consider review.

Still IC is protected from any such negligence (which may be treated as error)

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Going to HC cannot be a threat but, am trying to understand the options to handle the situation created by an IC by passing a decision having error apparent in a complaint for penalty. Going to HC entails money and  time that i can ill afford. 

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Who said it a threat.  ICs from the drafting of appeal to standing of appellants, being bureaucrats can estimate the competency of  each appellant and if they think that the matter is not serious and appellant can not go to HC, disposes second appeal in casual manner.

Here the issue is next remedy if review is not accepted.

Because appellants can not go to HC, ICs are not that kind to review .

That is the reason, I have stated that I have not come across any decision that was reviewed in CIC and they are stating such Delhi HC decisions also, when an application for review was filed

Even when there is blunder of not receiving information appeal by appellant, I know CIC decided that appellant received information and there is no need to interfere in second appeal.  Even those applications were rejected for review.

I know only one case in RTI wherein Madras HC, suo motu reviewed the case in one case.

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Pl. do not get annoyed, i am only trying to understand the options as available to a RTI User. If I file an application before the IC stating commission of  error apparent in his decision, what would the Information Commission do to my application (i) throw in dustbin, (ii) return me with some cogent reasons and if they sleep over it without  returning it with cogent reasons, how I should purse this matter further.

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Try.  they  may just  copy and paste the quote Delhi HC Judgment that they can not reivew their own decision and express their inability to review...(It may not go to even IC, the lower officials just change the name of the appellant and post copy and paste earlier letter on the same issue.

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This means anyone, other than IC,  can take a decision in Information Commission on a decision of an IC where gross error apparent on the face of records is an issue that is brought before it. 

 

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