Neither the Central Information Commission nor the State Information Commission is empowered to appoint a committee for conducting an inquiry for and on its behalf

Harshit Sharma | Amity Law School, Madhya Pradesh | 20th January 2020

Central Public Information Officer & Anr.  V/s. Central Information Commission & Anr.  Writ Petition No. 7542/2017

FACTS OF THE CASE

1. The present writ petition was preferred challenging the order dated 28/04/2017 passed by the Information Commissioner in the complaint No. CIC/MP/C/2016/ 000171-BJ-Adjunct, directing the CMD and the Joint Secretary (Currency), Department of Economic Affairs to conduct a detailed inquiry into the whole matter and submit its inquiry report to the Commission under intimation to the complainant within a period of 15 days from the date of receipt of copy of the order.

ISSUES RAISED

1. Whether the CIC or SIC is empowered to establish a committee on its behalf to conduct inquiry and thereby delegates their power to other authority or committee thereby constituted? 

RULING OF THE COURT/THE COURT HELD THAT

While staying the impugned order, the Bombay High Court observed the following: 

1. Relying on the case of Delhi Development Authority v. CIC & Anr., the Hon’ble Apex Court held that, “Insofar as the provisions of Section 19, which pertain to appeals, are concerned, the Central Information Commission or the State Information Commission in its decision in an appeal, has the power to, inter alia, require the public authority to take such steps as may be necessary to secure compliance with the provisions of the RTI Act which obviously includes the provisions of Section 4 which spells out the obligations of the public authorities. Section 19(8)(a)(vi) clearly indicates that the information Commission with an annual report in compliance with Clause (b) of Sub- section (1) of Section 4. There is nothing in Section 19 which empowers an Information Commission, be it the Central or the State Commission, to constitute any committee to initiate or conduct any inquiry for and on its behalf.”
2. Further it was held, “It is clear that there is no provision under the RTI Act which empowers the Central Information Commission or, for that matter, the State Information Commission, to appoint a committee for conducting an inquiry for and on its behalf. The power of inquiry under Section 18, which has been given to the Central and the State Information Commissions is confined to an inquiry by the concerned Information Commission itself. There can be no delegation of this power to any other committee or person. “Delegatus non potest delegare” is a well-known maxim which means – in the absence of any power, a delegate cannot sub-delegate its power to another person.”

“The Central Information Commission did not have the powerto appoint the committee that it did by virtue of its order dated 22.9.2009 and, therefore, to this extent, the impugned order.”