| State Information Commission's act of withdrawing its Penalty against law- Allahabad High Court The Writ Petition filed in the Allahabad High Court, Lucknow Bench by Dr Nutan Thakur, Convener of National RTI Forum against Uttar Pradesh State Information Commission and others was today decided by the High Court, delivering an important decision. The bench consisting of Chief Justice Ferdino Rebello and Justice Devi Prasad Singh categorically ordered that the State Information Commission does not have a power to review and change its own orders, including the order of imposing penalty under sections 20(1) and 20(2), RTI Act. The Court fully agreed with the argument presented by the petitioner's Counsel Asok Pande that no judicial, quasi-judicial or administrative body has a right to amend its own order unless specifically empowered under some legislature. The High Court said that since the Information Commission has not been specifically empowered to review and change its orders, hence such an action in against the provisions of law. This is an established law and hence the Information Commission does not have a right to first put a penalty and then change or withdraw it. Dr Thakur had presented two cases related with her husband Amitabh Thakur, an IPS officer in Uttar Pradesh where the UP State Information Commission initially imposed penalty under section 20(1) and section 20(2) of the RTI Act and later improperly changed its own decision. These cases related with his ACRs and his study leave matter. This decision is an important one for Right to Information in Uttar Pradesh because it will curb the tendency of the Commission to first put a penalty and then withdraw it on any ground. Dr Nutan Thakur, Convener, National RTI forum, Lucknow 94155-34525 |
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