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SIC has power to decide review : HC 1/6/2015 11:27:43 PM Early Times Report Jammu, Jan 6 : In a landmark judgment, Justice Janak Raj Kotwal has solved the controversy whether State Information Commission (SIC) has power to decided review petition or not, with the observation that it can do so. The court judgment came in a petition filed by Rajeev Gupta who at the relevant time was posted as the Executive Engineer, PHE (Mech) Procurement, Division, Jammu, and had been designated as PIO under the Act. On a complaint filed by information seeker Dineshwar Singh Jamwal, SIC vide its July 30, 2012 order imposed a 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 August 28, 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 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 30.08.2012. Justice Kotwal, after hearing thw two sides, 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 Kotwal disposed of the petition with the observation that this writ petition has merit and is granted and also directed SIC to decide and dispose of the review application filed by the petitioner. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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