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1 - 10 of 12 (0.24 seconds)Section 20 in The Right to Information Act, 2005 [Entire Act]
Union Of India vs Namit Sharma on 3 September, 2013
14. But in my opinion, the reliance placed on the afore
judgment would not save the situation since admittedly the
afore judgment has been reviewed by the Apex Court in
Union of India v. Namit Sharma (supra), having found that
the directions issued earlier require to be recalled. Therefore,
the Apex Court, after recalling the directions issued earlier,
issued fresh directions under paragraph 39 of the judgment,
of which paragraph 39.6 is also relied on by Sri. Ajay, which
reads as under:-
Section 19 in The Right to Information Act, 2005 [Entire Act]
The Right to Information Act, 2005
The State Of Orissa vs Sudhansu Sekhar Misra And Ors on 7 November, 1967
In my opinion, the Apex Court only clarified that whenever
intricate questions of law require to be decided, the matter
requires to be considered by a Commissioner who has the
required knowledge in the field of law. The Apex Court did not
have occasion to consider the question as to whether the
appellate power under Section 19(3) read with Section 20(1)
of the Act can be exercised by the State Information
Commissioner when he acts individually. A decision is only
an authority for what it actually decides and it is the essence
of the decision that is to be taken as its ratio and not every
observations made there, as has been observed by the Apex
Court in State of Orissa v. Sudhansu Sekhar Misra and
Others [AIR 1968 SC 647] and Union of India v.
Dhanwanti Devi [(1996) 6 SCC 44]. As already found
under Section 15(2), the constitution of the State Information
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W.P(C) No.25153 of 2023 2026:KER:10999
Commission had been categorically laid down as to include
the State Chief Information Commissioner and such number
of State Information Commissioners as deemed necessary.
In the light of the afore, the State Information Commissioner
could not have exercised the power under Section 20(1) of
the Act, leading to the issuance of Ext.P12 order.
By Advs.Sri.Harisankar vs By Advs.Sri.Harisankar V. Menon on 16 June, 2014
HARISANKAR V. MENON
JUDGE
ln
25
W.P(C) No.25153 of 2023 2026:KER:10999
APPENDIX OF WP(C) NO. 25153 OF 2023
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED 29/9/2022
SUBMITTED BY THE 3RD RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE REPLY NO. 27/RTI/2022/SREE