Madras High Court
Board Of Control For Cricket In ... vs Central Information Commission on 12 October, 2022
Writ Petition Nos.20229 and 20351 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12/10/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition Nos.20229 and 20351 of 2013
and
M.P.Nos.1 to 3 of 2013
Board of Control for Cricket in India
Registered under the
Tamil Nadu Societies Registration Act
rep. By its Manager (Game Development)
Having its Office at
M.A.Chidambaram Stadium
Chepauk
Chennai 600 005 ... Petitioner in
W.P.No.20229 of 2013
Tamil Nadu Cricket Association
rep. By its Hon.Secretary
M.A.Chidambaram Stadium
Victoria Hostel Road
Chepauk
Chennai 600 005. ... Petitioner in
W.P.No.20351 of 2013
Vs
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Writ Petition Nos.20229 and 20351 of 2013
1. Central Information Commission
rep. By its Registrar
Room No.308 II Floor
August Kranti Bhawan
Bhikaji Cama Place
New Delhi 110 066.
2. Madhu Agarwal
1775 Kucha Lattushah
Dariba, Chandni Chowk
Delhi 110 006. ... Respondents in both the
writ petitions.
PRAYER : Petitions filed under Article 226 of the Constitution of India
praying for the issuance of a writ of certiorari to call for the records of the first
respondent in its Notice dated 10/7/2013 to the petitioner bearing
No.CIC/LS/C/2013/000031 under Section 18 of the RTI Act, 2005 to the
petitioner and quash the same.
For Petitioners ... Mr.P.R.Raman
Senior Counsel
for Mr.C.Seethapathy
For respondents ... Mr.R.Sankaranarayanan
Additional Solicitor General of India
assisted by
Mr.V.Venkatasamy Babu
Central Government Standing Counsel
for R.1
Mrs.D.Nagasaila
for R.2
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COMMON ORDER
These writ petitions have been filed to quash the Notice, dated 10/7/2013,
passed by the first respondent, in No.CIC/LS/C/2013/000031.
2. Brief facts which are necessary for the disposal of these writ petitions
are as follows:-
Petitioners are the Societies registered under the Tamil Nadu Societies
Registration Act. Objects of the petitioners are promotion, development and
administration of the game of Cricket in the Country. Members of the
petitioners have developed their own infrastructural facilities over the course of
several decades to host both domestic and international matches. The
petitioners administer the game of Cricket with commendable skill and expertise
and has contributed to the growth and popularity of the game of Cricket
internationally.
3. The main case of the petitioners is that the petitioners does not fall
within the ambit of the definition of “Public Authority”, as provided under
Section 2 (h) of the Right to Information Act, 2005, and hence the provisions of
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the Act are inapplicable to the petitioners. Even though, the petitioners are not
the “Public Authority”, they have received an application from Anil Chintamani
Khare whose request for information was denied, leading to filing of an Appeal
No.13365 IICB/2008 FBC/07/266, before the first respondent. Vide, order,
dated 21/1/2008, a decision was held that BCCI is not a “public authority” and
the said decision was binding on the first respondent.
4. Following the abovesaid order, an order, dated 11/7/2011, in Appeal
CIC/LS/A/2011/001382, between OM PRAKASH KASIRAM and BCCI,
they have made a specific reference to the judgment of the Hon'ble Apex Court
in the case of ZEE TELEFILMS LTD Vs. UNION OF INDIA, reported in
2005 (4) SCC 649.
5. In these circumstances, the petitioners have received an application,
dated 6/6/2013 from the second respondent, seeking information pertaining to
various issues, including third party information such as list of organizations
affiliated to BCCI with particulars and names of office bearers, complete
information of Government provided facilities to each of them with details of
payment made to the Government in the last five years. Thus, the petitioners
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Writ Petition Nos.20229 and 20351 of 2013
did not come under the said Act and did not have any obligation to provide any
such information. The second respondent has filed a complaint to the first
respondent. When the matters stood thus, Notice, dated 10/7/2013 was sent to
the petitioners by the first respondent, seeking direction to furnish all the
documents. Being aggrieved, the petitioners have come forward with the
present writ petitions praying for the relief as stated therein.
6. Heard Mr.P.R.Raman, learned Senior Counsel for the petitioners,
Mr.R.Sankaranarayanan, learned Additional Solicitor General of India for the
first respondent and Mrs.D.Nagasaila, learned counsel for the second
respondent.
7. The learned Senior Counsel appearing for the petitioners submitted
that the first respondent is a quasi judicial authority bound by the law of
precedent. The first respondent has no jurisdiction to direct the petitioners to
provide the informations, as stated above. Unless the petitioners are deemed
amenable to the Act, the question of providing such information to the
respondents would not arise at all. Hence seeks to quash the Notice, dated
10/7/2017.
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8. Learned Senior Counsel appearing for the petitioners further
submitted that Central Information Commission has already held that merely
because BCCI is registered under the Societies Registration Act, does not bring
BCCI under the purview of Right to Information Act. Having held so, Notice
has been issued, as if Full Bench has been constituted by the Commission to
hear the matter once again, based on the complaint given by the second
respondent.
9. According to the learned Senior Counsel, as on today, Central
Information Commission has no plenary powers to constitute a Full Bench, to
consider the legality and correctness of the order passed by the Co-ordinate
Bench. Central Information Commissioner has sought to overwrite not only the
statutory provisions, but also the statutory rules, which is clearly impermissible.
To substantiate his case, the learned Senior Counsel had produced a judgment
of the Hon'ble Delhi High Court, reported in (2010 SCC Online 2058), DELHI
DEVELOPMENT AUTHORITY Vs. CENTRAL INFORMATION
COMMISSION & ANOTHER.
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10. He further submitted that even the Hon'ble Apex Court, in BOARD
OF CONTROL FOR CRICKET Vs. CRICKET ASSOCIATION OF BIHAR
AND OTHERS (2016) 8 SUPREME COURT CASES – 535, has opined that
while considering the recommendation of Justice Lodha Committee, the Law
Commission of India can examine the issue and make a suitable
recommendation to the Government as to whether to bring BCCI under the
ambit of Right to Information Act. Therefore, his contention that constituting
the Full Bench and Larger Bench to unsettle the settled decision by the
Commission is against the very Statute. Therefore, submitted that the impugned
notice has to be set aside.
11. The learned Additional Solicitor General of India appearing for the
first respondent submitted that only Rules have to be framed by the
Government. However, in the Act, there is no such provision for Commission
itself usurping such power.
12. Learned counsel appearing for the second respondent submitted that
she was made as party since she was the Information seeker and submitted that
she has no say in these matters.
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13. I have perused the materials available on record.
14. Notice, dated 10/7/2013, issued to the writ petitioners, by the first
respondent, reads as follows:-
“The commission has received a complaint filed
by Ms.Madhu Agrawal, copy whereof is enclosed
herewith. Keeping in view the complex issues of law
involved in this matter, a Full Bench consisting of the
CIC, IC (LS) and IC (BS) has been constituted to hear
it. The matter is listed for hearing on 25 and 26/7/2013
at 16.00 hours, at Court Room No.314, II Floor, August
Kranti Bhawan, Bhikaji Cama Place, New Delhi 110
2. You are hereby directed to attend the hearing
either personally or through an authorised
representative at the appointed date and time.
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3. You are also hereby directed to send your
written representation before the Commission, inter-alia,
containing the following information:-
(i). Land and Buildings, including Stadia allotted
by the State Government concerned (size in acres/square
meters)
(ii). Annual rents being paid by State Cricket
Association
(iii). Copies of lease deeds
(iv). Estimated market rentals
(v). Income Tax exemption, if any, for the last
five years, viz., FY: 2007 – 08, 2008 – 09, 2009 – 10,
2010 – 11 & 2011 – 12
(vi). Customs Duty Exemption, if any, for the
last five years viz., FY:2007 – 08, 2008 – 09, 2009 –
10, 2010 – 11 & 2011 – 12
(vii) Entertainment Tax exemption, if any, for the
last five years viz: FY: 2007 – 8, 2008 – 09, 2009 – 10,
2010 – 11 & 2011 – 12
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(viii). Security expenses incurred by State
Governments for organising cricket matches for the last
five years viz: FFY: 2007 – 08, 2008 – 09, 2009 – 10,
2010 – 11 & 2011 – 12
(ix) Any other information.”
15. Central Information Commission has decided to constitute a Full
Bench, to hear the matters relating to the complaint made by the second
respondent. Besides, there is also a direction to furnish certain informations. It
is relevant to note that Central Information Commission, in its orders, dated
21/1/2008 and 11/7/2011, in the cases of Shri Anil Chintaman Khare and Shri
Om Prakash Kashiram, respectively, concluded as follows:-
“To bring any entity as a public authority within
the ambit of the RTI Act, it has to satisfy at least one of
the requirements of Section 2 (f). In the present case,
BCCI as explained in its comments, does not fall under
any of the categories stipulated in Section 2 (f).
Registration under an Act is different from being
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established under an Act. Therefore, merely because
BCCI is registered under the Societies Registration Act,
does not bring BCCI under the purview of the RTI Act.
Accordingly, since BCCI is not a public authority in
terms of Section 2 (f) of the Act, no direction can be
given to the BCCI to furnish the information to the
appellant and accordingly, the appeal is dismissed.”
16. Section 19 of the Right to Information Act, 2005, deals with the
Appeal and the same reads as follows:-
“19. (1) Any person who, does not receive a decision
within the time specified in sub-section (1) or clause (a) of
sub-section (3) of section 7, or is aggrieved by a decision of
the Central Public Information Officer or State Public
Information Officer, as the case may be, may within thirty
days from the expiry of such period or from the receipt of
such a decision prefer an appeal to such officer who is senior
in rank to the Central Public Information Officer or State
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Public Information Officer as the case may be, in each public
authority:
Provided that such officer may admit the appeal after
the expiry of the period of thirty days if he or she is satisfied
that the appellant was prevented by sufficient cause from
filing the appeal in time.
(2) Where an appeal is preferred against an order
made by a Central Public Information Officer or a State
Public Information Officer, as the case may be, under section
11 to disclose third party information, the appeal by the
concerned third party shall be made within thirty days from
the date of the order.
(3) A second appeal against the decision under sub-
section (1) shall lie within ninety days from the date on
which the decision should have been made or was actually
received, with the Central Information Commission or the
State Information Commission:
Provided that the Central Information Commission or
the State Information Commission, as the case may be, may
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admit the appeal after the expiry of the period of ninety days
if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time.
(4) If the decision of the Central Public Information
Officer or State Public Information Officer, as the case may
be, against which an appeal is preferred relates to
information of a third party, the Central Information
Commission or State Information Commission, as the case
may be, shall give a reasonable opportunity of being heard to
that third party.
(5) In any appeal proceedings, the onus to prove that a
denial of a request was justified shall be on the Central
Public Information Officer or State Public Information
Officer, as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2)
shall be disposed of within thirty days of the receipt of the
appeal or within such extended period not exceeding a total
of forty-five days from the date of filing thereof, as the case
may be, for reasons to be recorded in writing.
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(7) The decision of the Central Information
Commission or State Information Commission, as the case
may be, shall be binding.
(8) In its decision, the Central Information
Commission or State Information Commission, as the case
may be, has the power to—
(a) require the public authority to take any such steps
as may be necessary to secure compliance with the
provisions of this Act, including—
(i) by providing access to information, if so requested,
in a particular form;
(ii) by appointing a Central Public Information Officer
or State Public Information Officer, as the case may be;
(iii) by publishing certain information or categories of
information;
(iv) by making necessary changes to its practices in
relation to the maintenance, management and destruction of
records;
(v) by enhancing the provision of training on the right
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to information for its officials;
(vi) by providing it with an annual report in
compliance with clause (b) of sub-section (1) of section 4;
(b) require the public authority to compensate the
complainant for any loss or other detriment suffered;
(c) impose any of the penalties provided under this
Act;
(d) reject the application.
(9) The Central Information Commission or State
Information Commission, as the case may be, shall give
notice of its decision, including any right of appeal, to the
complainant and the public authority.
(10) The Central Information Commission or State
Information Commission, as the case may be, shall decide
the appeal in accordance with such procedure as may be
prescribed.”
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17. Section 27 of the Right to Information Act deals with the Power to
make rules by appropriate Government and the same reads as follows:-
(1). The appropriate Government may, by
notification in the Official Gazette, make rules to carry
out the provisions of this Act.
(2). In particular, and without prejudice to the
generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:-
(a). the cost of the medium or print cost price of
the materials to be disseminated under sub-Section (4) of
Section 4;
(b). the fee payable under sub-Section (1) of
Section 6;
(c). the fee payable under sub-Sections (1) and (5)
of Section 7;
(d). the salaries and allowances payable to and the
terms and conditions of service of the officers and other
employees under sub-Section (6) of Section 13 and sub-
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Section (6) of Section 16;
(e). the procedure to be adopted by the Central
Information Commissioner or State Information
Commission as the case may be, in deciding the appeals
under sub-Section (10) of Section 19; and
(f) any other matter which is required to be, or
may be, prescribed.”
18. On a careful perusal of the above Sections, a procedure to be adopted
by the Central Information Commission or State Information Commission, as
the case may be, in deciding the appeals are under sub-Section (10) of Section
19. On a plain reading of Sections 19 and 27, this Court is of the view that
there is no plenary power vested with the Central Information Commission to
frame Rules to decide the appeals by constituting Division Bench or Full Bench,
as the case may be.
19. In OM PRAKASH KASHIRAM Vs. BOARD OF CONTROL FOR
CRICKET IN INDIA (BCCI), on 11/7/2011, in CIC/LS/A/2011/001382,
Central Information Commission, took a similar view, relying upon the
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judgment of the Hon'ble Apex Court, in ZEE TELE PRINTS LTD AND
ANOTHER Vs. UNION OF INDIA, wherein, it has been held that BCCI is not
a State in terms of Article 12 of the Constitution. By holding so, held that BCCI
is not a Public Authority in terms of Section 2 (h) of the Right to Information
Act. Now, the impugned Notice has been issued to constitute the Full Bench to
hear the complaint once again, under the Right to Information Act by
constituting Full Bench.
20. In DELHI DEVELOPMENT AUTHORITY Vs. CENTRAL
INFORMATION COMMISSION AND ANOTHER (2010 SCC ONLINE DL
2058), a Hon'ble Division Bench of Delhi High Court, at paragraph 39, has
compared the Central Information Commission (Appeal Procedure) Rules, 2005
and the impugned Central Information Commission (Management) Regulations,
2007, and the same is extracted hereunder:-
Comparison between the Central Information Commission (Appeal
Procedure) Rules 2005 and the Impugned Central Information Commission
(Management) Regulations 2007
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Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
In exercise of the powers conferred by clauses In exercise of the powers conferred by section
(e) and (f) of sub–section (2) of section 27 of 12(4) of the Right to Information Act, 2005 (Act
the Right to Information Act, 2005 (22 of 2005), 22 of 2005) and all other provisions in the Act
the Central Government hereby makes the enabling in this behalf, the Chief Information
following rules, namely:- Commissioner hereby makes the following
1. Short Title and commencement. - (1) Regulations for management of the affairs of the
These rules may be called the Central Central Information Commission so as to enable
Information Commission (Appeal Procedure) it to function effectively. Chapter-1: Short
Rules, 2005. Title and Commencement:- (i) These
Regulations may be called -the Central
(2) They shall come into force on the date of Information Commission (Management)
their publication in the Official Gazette. Regulations, 2007?.
(ii) They shall come into force with effect from
such date as the Chief Information
Commissioner may by order specify.
No such provision has been made under these CHAPTER – IV: Registration, Abatement
Rules. or Return of Appeal. 7. Appeal or complaint
etc. to be in writing:- Every appeal, complaint,
application, statement, rejoinder, reply or any
other document filed before the Commission
shall be typed, printed or written neatly and
legibly and in double line spacing and the
language used therein shall be formal and
civilized and should not be in any way indecent
or abusive. The appeal, complaint or an
application shall be presented in at least two sets
in a paper-book form.
3. Contents of appeal.- An appeal to the 8. Contents of appeal or complaint:- (1) An
Commission shall contain the following appeal or a complaint to the Commission shall
information, namely.- (i) name and address of contain the following information, namely:- (i)
the appellant ; (ii) name and address of the name, address and other particulars of the
Central Public Information Officer against the appellant or complainant, as the case may be;
decision of whom the appeal is preferred. (iii) (ii) name and address of the Central Public
particulars of the order including number, if any, Information Officer (CPIO) or the Central
against which the appeal is preferred ; (iv) brief Assistant Public Information Officer (CAPIO)
facts leading to the appeal ; (v) If the appeal is against whom a complaint is made under Section
preferred against deemed refusal, the particulars 18 of the Act, and the name and address of the
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Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
of the application, including number and date First Appellate Authority before whom the first
and name and address of the Central Public appeal was preferred under Section 19(1) of the
Information Officer to whom the application was Act. (iii) particulars of the decision or order, if
made; (vi) prayer or relief sought; (vii) grounds any, including its number and the date it was
for the prayer or relief; (viii) verification by the pronounced, against which the appeal is
appellant; and (ix) any other information which preferred; (iv) brief facts leading to the appeal or
the Commission may deem necessary for the complaint; (v) if the appeal or complaint is
deciding the appeal. preferred against refusal or deemed refusal of
the information, the particulars of the
application, including number and date and
name and address of the Central Public
Information Officer to whom the application was
made and name and address of the First
Appellate Authority before whom the appeal
was filed; (vi) prayer or relief sought; (vii)
grounds for the prayer or relief; (viii)
verification by the appellant or the complainant,
as the case may be; and (ix) any other
information which may be deemed as necessary
and helpful for the Commission to decide the
appeal or complaint. (2) The contents of the
complaint shall be in the same form as
prescribed for the appeal with such changes as
may be deemed necessary or appropriate.
4. Documents to accompany appeal. - Every 9. Documents to accompany appeal or
appeal made to the Commission shall be complaint:- Every appeal or complaint made to
accompanied by the following documents, the Commission shall be accompanied by self
namely. (i) self-attested copies of the orders or attested copies/photo copies of the following
documents against which the appeal is being documents, namely:- (i) The RTI application
preferred ; ii) copies of documents relied upon submitted before the CPIO along with
by the appellant and referred to in the appeal ; documentary proof as regards payment of fee
and (iii) an index of the documents referred to in under the RTI Act; (ii) The order, or decision or
the appeal. response, if any, from the CPIO to whom the
application under the RTI Act was submitted.
(iii) The First appeal submitted before the First
Appellate Authority with documentary proof of
fling the First Appeal. (iv) The Orders or
decision or response, if any, from the First
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Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
Appellate Authority against which the appeal or
complaint is being preferred; (v) The documents
relied upon and referred to in the appeal or
complaint; (vi) A certificate stating that the
matters under appeal or complaint have not been
previously filed, or are pending, with any court
or tribunal or with any other authority; (vii) An
index of the documents referred to in the appeal
or complaint; and (viii) A list of dates briefly
indicating in chronological order the progress of
the matter up to the date of filing the appeal or
complaint to be placed at the top of all the
documents filed.
10. Service of copies of Appeal/Complaint
Before submitting an appeal or complaint to the
Commission, the appellant or the complainant
shall cause a copy of the appeal or complaint, as
the case may be, to be served on the CPIO/PIO
and the Appellate Authorities and shall submit a
proof of such service to the Commission.
No such provision has been made under these Provided that if a complainant does not know
Rules the name, address and other particulars of the
CPIO or of the First Appellate Authority and if
he approaches the Commission under Section 18
of the Act, he shall cause a copy of his complaint
petition to be served on the concerned Public
Authority or the Head of the Office and proof of
such service shall be annexed along with the
complaint petition.
No such provision has been made under these 11. Presentation and scrutiny of appeal or
Rules complaint:- (i) The Registrar shall receive any
appeal or complaint petition addressed to the
Commission and ensure that (a) the appeal or
the complaint, as the case may be, is submitted
in prescribed format; (b) that all its contents are
duly verified by the appellant or the
complainant, as the case may be; (c) that the
appeal or the complaint is in accordance with the
Regulations. (ii) The Registrar shall also ensure
that the appeal or the complaint petition contains
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Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
copies of all required documents such as: (i)
RTI application (ii) Receipt of the RTI
Application (iii) Proof in regard to payment of
fee/cost, if any; (iv) Decision/reply etc. from the
CPIO, if any; (v) Appeal to the 1st Appellate
Authority; (vi) Decision of the 1st Appellate
Authority, if any. (iii) The Registrar shall
scrutinize every appeal/complaint received and
will ensure — (a) that the appeal or the
complaint petition is duly verified and required
number of copies are submitted; (b) That all the
documents annexed are duly paginated and
attested by the appellant or the complainant. (c)
That the copies of the documents filed and
submitted are clear, distinct and legible; (iv)
That the Registrar will return any such appeal or
the complaint if it does not meet the
requirement or conform to the standard as set
out above and permit its resubmission in proper
form. (v) The Registrar may reject any such
appeal or complaint petition — (a) if it is time-
barred; or (b) if it is otherwise inadmissible; or
(c) if it is not in accordance with these
Regulations. Provided that no such appeal or
complaint petition shall be rejected by the
Registry unless the concerned appellant or the
complainant is given an opportunity of being
heard. The decision of the Registrar in regard to
the issue of maintainability of an appeal or a
complaint shall be final. (vi) All appeals and
Complaints not rejected or returned as above
and found in order shall be registered and a
specific number will be allocated. (vii) The
Registrar or any other officer authorized by the
Commission shall endorse on every appeal or
complaint the date on which it is presented.
(viii) The appeals and complaints shall bear
separate serial numbers so that they can be
easily identified under separate heads. (ix) If any
appeal or complaint is found to be defective and
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Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
the defect noticed is formal in nature, the
Registrar may allow the appellant or
complainant to rectify the same in his presence
or may allow two weeks time to rectify the
defect. If the appeal or complaint has been
received by post and found to be defective, the
Registrar may communicate the defect(s) to the
appellant or complainant and allow him two
weeks time from the date of receipt of
communication from the Registrar to rectify the
defects. (x) If the appellant or complainant fails
to rectify the defects within the time allowed in
clause (ix) above, the appeal or complaint shall
be deemed to have been withdrawn. (xi) An
appeal or complaint which is not in order and is
found to be defective or is not as per prescribed
format is liable to be rejected. Provided that the
Registrar may, at his discretion, allow an
appellant or complainant to file a fresh appeal or
complaint in proper form.
No such provision has been made under these 12. Filing of Counter Statement by the
Rules. Central Public Information Officer or the
First Appellate Authority:- After receipt of a
copy of the appeal or complaint, the Central
Public Information Officer or the First Appellate
Authority or the Public Authority shall file
counter statement along with documents, if any,
pertaining to the case. A copy of the counter
statement(s) so filed shall be served to the
appellant or complainant by the CPIO, the First
Appellate Authority or the Public Authority, as
the case may be.
13. Posting of appeal or complaint before the
Information Commissioner:- (i) An appeal or
a complaint, or a class or categories of appeals or
complaints, shall be heard either by a Single
Information Commissioner or a Division Bench
of two Information Commissioners, or a Full
Bench of three or more Information
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Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
Commissioners, as decided by the Chief
Information Commissioner by a special or
general order issued for this purpose from time
to time. (ii) Where in the course of the hearing
of an appeal or complaint or other proceeding
before a Single Information Commissioner, the
Commissioner considers that the matter should
be dealt with by a Division or Full Bench, he
shall refer the matter to the Chief Information
Commissioner who may thereupon constitute
such a Bench for the hearing and disposal of the
matter. (iii) Similarly, where during the course
of the hearing of a matter before a Division
Bench, the Bench considers that the matter
should be dealt with by a Full Bench, or where a
Full Bench considers that a matter should be
dealt with by a larger Bench, it shall refer the
matter to the Chief Information Commissioner
who may thereupon constitute such a Bench for
the hearing and disposal of the matter.
No such provision has been made under these 14. Amendment or withdrawal of an Appeal
Rules. or Complaint: The Commission 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.
5. Procedure in deciding appeal.- In deciding 18. Evidence before the Commission: In
the appeal the Commission may.- (i) hear oral or deciding an appeal or a complaint, the
written evidence on oath or on affidavit from Commission may:- (i) receive oral or written
concerned or interested person ; (ii) peruse or evidence on oath or on affidavit from concerned
inspect documents, public records or copies person or persons; (ii) peruse or inspect
thereof ; (iii) inquire through authorised officer documents, public records or copies thereof; (iii)
further details or facts ; (iv) hear Central Public inquire through authorized officer further details
Information Officer, Central Assistant Public or facts; (iv) examine or hear in person or
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Writ Petition Nos.20229 and 20351 of 2013
Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
Information Officer or such Senior Officer who receive evidence on affidavit from Central
decided the first appeal, or such person against Public Information Officer, Central assistant
whom the complaint is made, as the case may be Public Information Officer or such Senior
; (v) hear third party ; and (vi) receive evidence Officer who decided the first appeal or such
on affidavits from Central Public Information person or persons against whom the complaint is
Officer, Central Assistant Public Information made as the case may be; or (v) examine or hear
Officer, such Senior Officer who decide the first or receive evidence on affidavit from a third
appeal, such person against whom the complaint party, or an intervener or any other person or
lies or the third party. (vi) receive evidence on persons, whose evidence is considered necessary
affidavits from Central Public Information or relevant.
Officer, Central Assistant Public Information
Officer, such Senior Officer who decide the first
appeal, such person against whom the complaint
lies or the third party.
6. Service of notice by Commission.- Notice No such provision has been made under these
to be issued by the Commission may be served Regulations.
in any of the following modes, namely.- (i)
service by the party itself ; (ii) by hand delivery
(dasti) through Process Server ; (iii) by
registered post with acknowledgment due ; or
(iv) through Head of Office or Department.
7. Personal presence of the appellant or 15. Personal presence of the appellant or
complainant. - (1) The appellant or the complainant:- (i) The appellant or the
complainant, as the case may be, shall in every complainant, as the case may be, shall be
case be informed of the date of hearing at least informed of the date of hearing at least seven
seven clear days before that date. (2) The clear days before that date. (ii) The appellant or
appellant or the complainant, as the case may be, the complainant, as the case may be, may at his
may at his discretion at the time of hearing of discretion be present in person or through his
the appeal or complaint by the Commission be duly authorized representative at the time of
present in person or through his duly authorised hearing of the appeal or complaint by the
representative or may opt not to be present. (3) Commission, or may opt not to be present. (iii)
Where the Commission is satisfied that the Where the Commission is satisfied that
circumstances exist due to which the appellant circumstances exist due to which the appellant
or the complainant, as the case may be, is being or the complainant is being prevented from
prevented from attending the hearing of the attending the hearing of the Commission, the
Commission, then, the Commission may afford Commission may afford the appellant or the
the appellant or the complainant, as the case may complainant, as the case may be, another
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Writ Petition Nos.20229 and 20351 of 2013
Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
be, another opportunity of being heard before a opportunity of being heard before a final
final decision is taken or take any other decision is taken or take any other appropriate
appropriate action as it may deem fit. (4) The action as it may deem fit. (iv) The appellant or
appellant or the complainant, as the case may be, the complainant, as the case may be, may seek
may seek the assistance of any person in the the assistance of any person while presenting his
process of the appeal while presenting his points case before the Commission and the person
and the person representing him may not be a representing him may not be a legal practitioner.
legal practitioner. (v) If an appellant or complainant at his
discretion decides not to be present either
personally or through his duly authorized
representative during the hearing of an appeal or
complaint before the Commission, the
Commission may pronounce its decision or
order in the matter ex parte.
No such provision has been made under these 16. Date of hearing to be notified:- The
Rules. Commission shall notify the parties the date and
place of hearing of the appeal or complaint in
such manner as the Chief Information
Commissioner may by general or special order
direct.
8. Order of the Commission. - Order of the 22. Communication of decisions and
Commission shall be pronounced in open Orders:-
proceedings and be in writing duly authenticated (i) Every decision or order of the Commission
by the Registrar or any other officer authorised shall be signed and dated by the Commissioner
by the Commission for this purpose. or Commissioners who have heard the appeal or
the complaint or have decided the matter. (ii)
Every decision/order of the Commission may
either be pronounced in one of the sittings of the
Commission, or may be placed on its website, or
may be communicated to the parties under
authentication by the Registrar or any other
officer authorized by the Commission in this
regard. (iii) Every such decision or order,
whenever pronounced by a Single Information
Commissioner or by a Division Bench or by a
Full Bench of three or more Information
Commissioners, shall be deemed to be the
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Writ Petition Nos.20229 and 20351 of 2013
Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
decision or order by the Commission under the
Act.
No such provision has been made under these 17. Adjournment of Hearing:- The appellant
Rules. or the complainant or any of the respondents
may, for just and sufficient reasons, make an
application for adjournment of the hearing. The
Commission may consider the said application
and pass such orders as it deems fit.
No such provision has been made under these 19. Issue of summons:- Summons to the parties
Rules. or to the witnesses for appearance or for
production of documents or records or things
shall be issued by the Registrar under the
authority of the Commission, and it shall be in
such form as may be prescribed by the
Commission.
No such provision has been made under these 20. Conduct of an enquiry: -The Commission
Rules may entrust an enquiry in connection with any
appeal or complaint pending before it to the
Registrar or any other officer for the purpose and
the Registrar or such other officer while
conducting the enquiry shall have all the
necessary powers including power to — (i)
summon and enforce attendance of persons; (ii)
compel production of documents or things; (iii)
administer oath and to take oral evidence or to
receive affidavits or written evidence on solemn
affirmation; (iv) inspect documents and require
discovery of documents; and (v) requisition any
public record or documents from any public
authority.
No such provision has been made under these 21. Award of costs by the Commission:- The
Rules. Commission may award such costs or
compensation to the parties as it deems fit
having regard to the facts and circumstances of
the case.
23. Finality of Decision:- (1) A decision or an
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Writ Petition Nos.20229 and 20351 of 2013
Central Information Commission The Central Information Commission
(Appeal Procedure) Rules 2005 (Management) Regulations 2007
order once pronounced by the Commission shall
be final (2) An appellant or a complainant or a
respondent may, however, make an application
to the Chief Information Commissioner for
special leave to appeal or review of a decision or
order of the case and mention the grounds for
such a request;
No such provision has been made under these (3) The Chief Information Commissioner, on
Rules. receipt of such a request, may consider and
decide the matter as he thinks fit.
No such provision has been made under these 24. Abatement of an Appeal/Complaint:-
Rules. The proceedings pending before the
Commission shall abate on the death of the
appellant or complainant.
21. In the above Rule, Rule 13 relates to Posting of appeal or
complaint before the Information Commissioner. Rules were framed to the
effect that the appeal or complaint or the case may be, complaints shall be heard
at all by a Single Information Commissioner or a Division Bench of two
Information Commissioners, or a full Bench of three or more Information
Commissioners, as decided by the Chief Information Commissioner by a special
or general order issued for this purpose from time to time.
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Writ Petition Nos.20229 and 20351 of 2013
22. When the elaborate Rules have been put in challenge, Delhi High
Court struck down in entirety and held in paragraph 38 as follows:-
“38. We would also like to point out that Section
27, which empowers the appropriate government to
make rules to carry out the provisions of this Act,
specifically speaks of the power to make rules with
regard to the procedure to be adopted by the Central
Information Commission or the State Information
Commission, as the case may be, in deciding an appeal
under sub-section (10) of Section 19 of the RTI Act. This
power is particularly spelt out in Section 27(2)(e) of the
said Act. In exercise of this power, the Central
Government, being the 'appropriate government' has, in
fact, framed the rules - The Central Information
Commission (Appeal Procedure) Rules, 2005. But, we
find that the Chief Information Commissioner, who has
arrogated to himself the power to do anything under the
guise of the provisions of Section 12(4) of the said Act,
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Writ Petition Nos.20229 and 20351 of 2013
has formulated the impugned Regulations which also
specifically provide for the registration, abatement or
return of appeals' in Chapter IV of the impugned
Regulations. The procedure prescribed under the
regulations, if compared with the appeal procedure
prescribed under the Central Information Commission
(Appeal Procedure Rules) 2005, would reveal that the
same are at variance. The following comparative table
demonstrates this variance:-
23. In Paragraph 40, the Hon'ble Division Bench has held that Chief
Information Commissioner has sought to overwrite not only the statutory
provisions, but also the statutory rules. This is clearly impermissible, by
holding that the entire Rules framed by the Commission not only with regard to
the appeals but the other procedure struck down by the Delhi High Court.
When the substantive provision of law and Rules framed by the appropriate
Government do not confer any plenary powers to the first respondent. The first
respondent in the absence of any statutory backing cannot usurp the plenary
powers to constitute Division Bench or Full Bench to their convenience to
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Writ Petition Nos.20229 and 20351 of 2013
unsettle the decision already taken by the Commission, holding that BCCI is not
a public authority. Section 19 also makes it very clear that the decision of the
Commission is binding on the parties.
24. In such a view of the matter impugned notice issued by the first
respondent constituting for the Bench and also seeking further information is
impermissible in the eye of law and against the very statute. Even the Hon'ble
Apex Court in BOARD OF CONTROL FOR CRICKET Vs. CRICKET
ASSOCIATION OF BIHAR AND OTHERS (2016) 8 SUPREME COURT
CASES – 535, at paragraph 93 has observed that whether BCCI brought under
the purview of Right to Information Act or not only Law Commission of India
has to examine the issue and make a suitable recommendation to the
Government. In such being a position in the absence of any statutory Rules or
substantive provisions of law usurping the plenary power by the Commission is
impermissible. Accordingly, impugned notices are quashed.
25. In the result, these writ petitions are allowed and Notice dated
10/7/2013 issued to the petitioner bearing No.CIC/LS/C/2013/000031, is
N. SATHISH KUMAR, J
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Writ Petition Nos.20229 and 20351 of 2013
mvs.
hereby quashed. No costs. Consequently, the connected Miscellaneous
Petitions are closed.
12/10/2022
Index : Yes / No
Internet: Yes
Speaking/non speaking order
mvs.
.
W.P.Nos.20229 and 20351 of 2013
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