CENTRAL INFORMATION COMMISSION versus D.D.A. & ANR.

CENTRAL INFORMATION COMMISSION versus D.D.A. & ANR.

Section 12(4) of the Right to Information Act, 2005 vests the Chief Information Commissioner and the Central Information Commission with broad powers of general superintendence, direction and management over the Commission's affairs; these powers include the authority to constitute benches and to frame internal Regulations (or equivalent administrative instruments) necessary for efficient functioning of the CIC, and The Central Information Commission (Management) Regulations, 2007 insofar as they pertain to constitution of benches are within the ambit of Section 12(4).

Parties
Appellant: Central Information Commission; Respondent: Delhi Development Authority (D.D.A.); Respondent in Person: Sarbjeet Roy
Jurisdiction
India
Judgment Date
10 July 2024
Procedural Posture
Civil Appeal No. 2230 of 2012 / Appeal From Judgment and Order Dated 21.05.2010 of the High Court of Delhi in WPC No. 12714 of 2009
Outcome
appeal allowed
Legal Topics
Powers of Central Information Commission, Regulation Making by Statutory Bodies, Constitution of Benches, Purposive Interpretation of Statutes, Autonomy and Non Interference of Statutory Bodies
Right to Information Act, 2005 Administrative Law Constitutional Law Powers of Central Information Commission Regulation Making by Statutory Bodies Constitution of Benches Purposive Interpretation of Statutes Autonomy and Non Interference of Statutory Bodies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Central Information Commission

Appellant

Delhi Development Authority (D.D.A.)

Respondent

Sarbjeet Roy

Respondent in Person

Procedural Posture

Civil Appeal No. 2230 of 2012 / Appeal From Judgment and Order Dated 21.05.2010 of the High Court of Delhi in WPC No. 12714 of 2009

Legal Issues

  1. 1 Whether Section 12(4) of the RTI Act authorises the Chief Information Commissioner/CIC to constitute benches of the Central Information Commission and to frame Regulations for internal management
  2. 2 Whether the CIC could appoint committees comprising non-members to inquire into compliance with Section 4 of the RTI Act
  3. 3 Whether the nomenclature 'Regulations' used by the CIC affects the validity of internal administrative measures

Ratio Decidendi

Section 12(4) of the Right to Information Act, 2005 vests the Chief Information Commissioner and the Central Information Commission with broad powers of general superintendence, direction and management over the Commission's affairs; these powers include the authority to constitute benches and to frame internal Regulations (or equivalent administrative instruments) necessary for efficient functioning of the CIC, and The Central Information Commission (Management) Regulations, 2007 insofar as they pertain to constitution of benches are within the ambit of Section 12(4).

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • The judgment and order of the Delhi High Court dated 21.05.2010 in WPC No. 12714 of 2009 is set aside