CIC to challenge Delhi HC decision in apex court
The Central Information Commission will challenge the decision of Delhi High Court to scrap the rules framed by the transparency panel for carrying out its business.
New Delhi: The Central Information Commission will challenge the decision of Delhi High Court to scrap the rules framed by the transparency panel for carrying out its business.
The decision was taken in a meeting of all the Information Commissioners early this week.
The Commission has taken cognisance of a Patna High Court ruling which had allowed the State Information Commission to frame its rule for the conduct of its business.
"There seems to be a contradiction between Patna High Court and Delhi High Court decisions. We have decided to approach the Supreme Court so that the matter could be
clarified," Chief Information Commissioner Wajahat Habibullah said.
A decision by the Supreme Court will also bring uniformity in the conduct of business of the Commissions across the country, he said.
Meanwhile, the Commission has decided to continue with its routine business and conduct daily hearings.
The Delhi High Court had last month struck down the rules framed by the Chief Information Commissioner on procedure for deciding appeals before it under the RTI, saying the CIC has no power to enact such regulations under the transparency law.
The order was passed on a plea of DDA seeking quashing of Central Information Commission (Management) Regulations, 2007 enacted by the Commissioner to decide procedure for special appeals before itself.
"The Chief Information Commissioner has no powers to make rules under the RTI Act. Both the `appropriate government` and the `competent authority` have been empowered
by the Rules to make rules to carry out provisions of the Act," a bench of Justices Badar Durrez Ahmed and Veena Birbal had said.
"The CIC by formulating the regulations and prescribing the procedure for deciding appeals, has clearly violated the provisions of the RTI Act," the High Court had said.