STATE TIMES NEWS
JAMMU: Setting aside the controversy Justice Janka Raj Kotwal ruled that State Information Commission (SIC) has the power to decided review petition or not.
This landmark judgment has been passed in a petition filed by Rajeev Gupta who at the relevant time was posted as Executive Engineer, PHE (Mech.) Procurement, Division, Jammu and had been designated as PIO under the Act.
On a complaint filed by an information seeker, namely, Dineshwar Singh Jamwal, the State Information Commission, herein respondent, vide its order dated 30th July 2012 imposed penalty of Rs. 25,000 on the petitioner and by the same order granted him liberty to file a review application for review of the order under Sub Rule (4) of Rule 36 of the Rules of 2010.
The petitioner filed the review application on 28th August 2012. As the review application was not decided, the petitioner filed this writ petition seeking mandamus directing respondent to dispose of his review application.
In its reply to the writ petition, the respondent has taken the stand that it lacks jurisdiction to decide the review application due to coming into force the Rules of 2012 and repeal of the Rules of 2010 with effect from 30th August 2012.
Justice Janak Raj Kotwal after hearing Advocate Vilakashan Singh for the petitioner whereas Advocate S.K Anand for the respondent State Information Commission, observed that the judgment cited by counsel for respondent, does not support the stand of the respondent because it does not deal with a situation arising from repeal of a provision allowing review of an order. It rather states and reiterates that power to review is not an inherent power and must be conferred by law. With these observations Justice Janak Raj Kotwal disposed of the petition with the observation that this writ petition has merit and is granted and also directed State Information Commission to decide and dispose of the review application filed by the petitioner. JNF
