Press Trust of India / New Delhi Jun 16, 2009, 17:00 IST
The government has held that the Central Information Commission or the State Information Commissions cannot constitute benches for hearing matters, a point CIC does not agree with.
In a recent communication to the CIC, the Ministry of Personnel and Training has said that Right to Information Act does not empower the Chief Information Commissioner to constitute benches.
The ministry said that the matter of Central Information Commission and State Information Commissions taking decisions on complaints and appeals by constituting benches has been examined in consultation with department of legal affairs.
The legal affairs department, the personnel ministry said, has pointed out that the Central Information Commission or the State Commissions could function through benches only if there was a specific provision in the RTI Act for that.
The legal affairs department has further opined that provision of section 12 (4) of the RTI Act does not empower the Chief Information Commissioner to constitute benches.
"In view of this legal provision, it is advised that decisions on the complaints and appeals should be taken by the Central Information Commission as defined in section 2(b) of the RTI Act, 2005 and not by the benches of the Commission," the communication said.
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