Business Standard: New Delhi: Wednesday,
October 26, 2016.
Delhi High
Court today stayed CIC's direction to BJP MLA Vijender Gupta's wife to explain
how she had authorised disbursal of pension to a woman who was not eligible for
it, terming the order "strange".
Justice
Sanjeev Sachdeva said the May 13 order passed by the Central Information
Commission (CIC) amounted to "usurping powers of the court" as CIC
does not have powers enjoyed by the high courts under Article 226 of the
Constitution.
"Very
strange orders are being passed. It amounts to usurping powers of the court.
How is it (CIC) passing such orders? It (CIC) does not have the power under
Article 226.
"Notice.
Till next date of hearing, operation of impugned order of May 13, 2016 shall
remain stayed," the court said and listed the matter for further hearing
on April 24 next year.
It also asked
the Delhi government why it had not challenged the CIC order.
CIC, in its
order, had also said that councillors would be individually responsible for
recommending ineligible persons for pension scheme meant for senior citizens
and disabled.
The high
court's order came on a plea by Gupta's wife, Shobha Vijender, against the
CIC's May 13 decision, which had come on the plea by one Charanjit Singh Bhatia
who had filed an RTI application in Chief Minister's office saying his wife was
not getting disability pension she was entitled to.
Shobha
Vijender, a councillor from Rohini zone of North MCD, in her petition has
stated the "Information Commissioner (IC) has passed ex-facie erroneous,
unconstitutional and illegal order which is liable to be set aside
forthwith."
"The
order has been passed without even giving an opportunity of hearing.
Fundamental rights of the petitioner have been infringed. The Petitioner is not
the authority which sanctions pension. As per DMC Act, pensions are sanctioned
by the Commissioner of NDMC," her plea claimed.
In its order,
CIC had asked the Lieutenant Governor to take
necessary remedial measures to ensure strict compliance with the eligibility
norms and to obtain a comprehensive note on disbursal of pension money by the
three corporations so that necessary action can be taken against those not
eligible.
The mayor of
North Corporation was also directed to find out how many persons were granted
pension on recommendations of councillors in violation of eligibility norms and
to initiate steps to stop such disbursals.
In her plea,
Shobha Vijender has said that CIC has exceeded its jurisdiction in passing the
order which was "without any legal sanction and is devoid of merit".
"Order
has been passed by CIC in excess of the exercise of the power conferred upon by
the RTI Act. The order has been passed without taking into consideration the
relevant legal and factual aspect of the case.
"CIC
does not have the authority to pass any direction/ observation about
functioning, administration, dispensation of duties etc. By any government
authority and how they function and perform their work," the plea has
said.
"NDMC has
its own rules and procedure on the subject of sanction of stipened to senior
citizens, widows, handicapped etc. And has absolute power to grant or reject
sanction pension despite their being recommendation by the Councillor. Rules
and regulations of NDMC were not even considered by IC while passing the
order," it added.
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