Times of India: Lucknow: Tuesday,
November 08, 2016.
In an
important decision, Lucknow bench of the Allahabad High Court on Wednesday
ordered that the UP State Information Commission does not have a power to
review and change its own orders, including the order of imposing penalty under
the RTI Act.
The order was
passed by the bench consisting of Justice Amreshwar Pratap Sahi and Justice
Anil Kumar Srivastava-II after hearing suspended IPS officer Amitabh Thakur's
counsel Dr Nutan Thakur and Commission's counsel Shikhar Anand.
The Court
made it clear that even after promulgation of the UP RTI Rules of 2015, the
Commission has a right to recall only such order in which the other party was
not intimated in the hearing or the hearing took place on some another day than
the decided one. The court said apart from these situations, the Information
Commission cannot take back its orders, including any penalty.
The court
directed the compliance of the penalty imposed on home department officers in
Amitabh's case in 2010.
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