HC stays order of Information Commissioner

The Bombay High Court has held that the Right to Information Act does not empower the Central Information Commission to appoint a committee to conduct inquiry on its behalf.

A Division Bench of Justices K.K. Tated and S.V. Kotwal was hearing a petition filed by the Central Public Information Officer (CPIO), Security, Printing & Minting Corporation of India Limited. The plea challenged an order passed an Information Commissioner on April 28, 2017, directing the chief managing director and Joint Secretary (Currency), Department of Economic Affairs, to conduct an inquiry into allegations against the CPIO. The commissioner directed the authorities to submit its report within 15 days.

The advocate appearing for the CPIO told the court that the order was beyond jurisdiction. On July 19, 2017, a single Bench had said, “Bare reading of the order passed by the commissioner under the Act shows he delegated his power to the committee.”

The court also mentioned a Delhi High Court judgement that said there is no provision under the Act for the commissioner to delegate powers to a third party. The court issued notices to the commissioner and adjourned the matter for 12 weeks. Last week, in a relief to the CPIO, the Bench had stayed the commissioner’s order.

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Printable version | Feb 23, 2020 1:21:21 PM |

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