CIC rejects SGPC’s pleas,says cannot review order

However,instead of complying with it,the SGPC moved applications for review and recall of the order. Giving a numbers of grounds in the review application to plead that the RTI Act is not applicable to the SGPC,the respondent argued that the state commission lacks jurisdiction to hear the cases,as the gurdwara panel was an inter-state body. The respondent said the Central Information Commission could exercise jurisdiction over the SGPC. The counsel relied on the judgment of the full bench of Punjab and Haryana High Court in the Kashmir Singh versus Union of India case. However,this decision was not cited before the commission at the time of hearing. Perusal of the order of the High Court clearly shows that the Punjab government continues to exercise powers under various sections of the Sikh Gurdwaras Act,1925,the CIC order stated.

The appellants and complainants,on the other hand,argued that there was no provision in law,which gives power to the information commission to review its own orders. It was pleaded that the SGPC’s review applications were misuse of law and have been filed to harass the appellant and complainants. They said the SGPC could challenge the order by way of a writ petition before the High Court.

It was also submitted that the SGPC has made itself liable for penalty by causing unnecessary harassment,and the grounds given for the review had been considered on December 4.

After hearing both the parties,the CIC said,“In view of foregoing discussion,the inescapable conclusion is that this commission does not enjoy power or jurisdiction to review its own decisions,once a final order is passed on merit after hearing the parties. In the absence of any specific provision in the Act,the inherent power to review an order would be limited to only correction of a factual error or a technical mistake which may have crept in inadvertently.”

Dismissing the review applications,Singh directed the PIO to ensure that the information was supplied as per the December 4 order.