SIC Punjab accepted review request of PIO but not from aplicant and violated our fundamental rights
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There are too many people who have approached Hon'ble High Court as there are no any provision to review its order at State Information Commission Punjab, Chandigarh.
Section 14 of The State Information Commission, Punjab (Management) Regulations, 2010 Says that :-
"A Bench may in its discretion allow a prayer for any amendment or withdrawal of an Appeal or Complaint during the course of its hearing if such a prayer is made by the Appellant or Complainant on an application made in writing. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision or order has been pronounced by the Commission".
Section 19(7) of the RTI Act 2005 Says : The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
But despite above - SIC Punjab has accepted Request for review dt. 1-7-2010 from PIO O/o Director Local Government, Punjab for revision of its final order dated 22-6-2010 (for AC-304 of 2009) and Hon'ble CIC has issued order on 23-7-2010 stating that -
"In the interest of justice, therefore, order dated 22.6.2010 of the Commission imposing a penalty of Rs.25,000/- upon Shri M.S. Aujla, CTP-cum-the then PIO of the Department of Local Government, Punjab is ordered to be kept in abeyance till the disposal of his review application dated 1.7.2010 received in the Commission vide diary No.12985 dated 2.7.2010. The case file will be put up to Ld. SIC Shri Surinder Singh, on his return from ex-India Leave, for hearing the review application and further order."
It is clearly violation of our fundamental rights "Right to Equality" guaranteed under article 14 of Indian Constitution and everybody who want to get review of its order issued by SIC Punjab, should file RTI Application asking the reasons for violating our fundamental right "Right to Equality" .
In view of above I have filled a RTI Application to SIC Punjab on 2-12-2010 requesting -
1. Please provide us certified copy of the relevant rule / section under which Request for review received from PIO O/o Director Local Govt. Punjab reg. Case: AC 304 of 2009 agnst. final order dtd. 22-6-2010 accepted by SIC Punjab, and order issued by CIC on 23-7-2010 that "order dated 22-6-2010 to be kept in abeyance till the disposal of his review application dated 1.7.2010". And further hearings on the case held on 22-9-2010, 2-11-2010, 24-11-2010 and still continued.
2. Please provide us a certified copy of “Final Action” taken on my request for review dated 28-7-2010 against order dated 10-6-2010 (for Case No.: AC-305/10) sent through Speed Post : EP038281892IN.
3. Please provide me certified copies of the reasons recorded for non application of that ground in my case, on which basis Request for review dated 1-7-2010 was accepted from PIO as referred above at para-1, and thus violated my Fundamental Rights “Right to Equality” guaranteed under Article 14, Part-III of the Constitution of India.
Reply is awaited.
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