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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:-
Supreme Court of India Cites 46 - Cited by 1566 - A K Patnaik - Full Document

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 18 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.
Supreme Court of India Cites 7 - Cited by 962 - K S Hegde - Full Document
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