13 Jun 2009, 0444 hrs IST, Himanshi Dhawan, TNN
NEW DELHI: After clashing on the issue of disclosure of file notings, the Central Information Commission (CIC) and DoPT are at loggerheads again. If the ministry is to be believed, all decisions taken by CIC and state commissions in the past three years are illegal. Unfazed by the DoPT's big brother attitude, the CIC has asked DoPT to keep off its turf.
In a recent circular, DoPT said appeals and complaints could not be heard by a single member or a double member bench but must be heard by the full commission.
Citing advice from the department of legal affairs, the DoPT communique said, "The matter has been examined in consultation with the department of legal affairs which has pointed out that the CIC or state commissions could function through benches only if there was a specific provision in the Act regarding constitution of benches." It went on to add that since there was nothing in the RTI Act about constitution of benches, the full commission should hear all cases.
The commission, however, is firm on its stand. "We, in a decision two years ago, made it clear that a single or double bench will hear cases. In fact, the department of legal affairs was taken into confidence on the decision and it has not been challenged in the court either," chief information commissioner Wajahat Habibullah said. He added that the CIC would respond to DoPT.
Pointing out that the decision would not only serve to increase pendency and delay hearings further, Habibullah said, "Our rate of disposal has gone up drastically but the number of appeals has also increased so there is still a long wait before hearings for complaints can be held."
The rate of disposal has increased from 689 cases in October 2008 to nearly double at 1,495 in April 2009. But there are still 26,869 cases pending before the information watchdog.
http://timesofindia.indiatimes.com/India/DoPT-wants-full-CIC-to-hear-all-complaints-appeals/articleshow/4650200.cms
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