PROCEDURAL DEFICIENCIES
I find that CIC/SICs are returning appeals/complaints on small procedural deficiencies. I append below extracts from judgements on procedural deficiencies, as mentioned by hon’ble Supreme Court of India. This can be used by members while representing to Chief IC:
a) “A procedural law is always in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved”. [ Saiyad Mohd. V Abdulhabib, (1988) 4 SCC 343]
b) “A Party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. The Rules of Procedure are intended to be a handmaid to the Administration of Justice and they must therefore be construed liberally and in such manner as to render the enforcement of substantive rights effective”. [Ram Manohar Lal Vs NBM Supply, AIR 1969 [17-03-1969 SC]
c) “Common sense should not be kept in the cold storage when pleadings are construed. Parties win or lose on substantial questions, not on technical tortures and Courts cannot be "abettors". [Noronha V Prem Kumari, AIR 1980.]
d) “Every venial defect or error not going to the root of the matter cannot be allowed to defeat justice or afford an excuse to the Government or a Public Officer to deny just claim”. [Jones V Nicholls, (1844) 13 M & W 361.]
Honourable Shahji,
ReplyDeleteRegards,
We are thankful to guide us on the issue of returning of appeals/ Complaints on small procedural deficiencies by the CIC and SIC. Your extracts from the judgments of Hon’ble Supreme Court will be highly useful for the members to appeal before the appropriate authorities against the rejection of appeals/ complaints. Your guidance on the subject to appeal to the Chief information Commission is really a great guidance for the members.
(a) Sir, your guidance that the procedural law is always in the aid of justice is really a very nice point to stress. The RTI act has come in to formation to provide justice to the common man. If the procedures will be cumbersome then how the justice will be made to the illiterate, common man. The law had come in to existence to provide information on filing an application on a simple paper. But with the duration of time the procedure to file the Second Appeal and Complaint is getting cumbersome, the terminology the common man does not understand.
(b) Sir, you the Party cannot be refused on the grounds of petty mistakes, negaligence and inadvertence or infraction of rules. On the petty mistakes the public should not be deprived of getting the information. With the cumbersome procedure the public is being deprived of the substantive rights, whereas the laws should be construed liberally.
(c) Your point that the common sense should not be kept in the cold storage when pleadings are construed. The point that the parties can win or lose on substantial questions but the deprivation of the public to file appeal/ complaint on technical reasons are beyond justice and violation of RTI Act.
(d) We agree that every venial defect or error not going to the root of the matter cann not be allowed to defeat justice. It is the lame excuse of the Government or a public Authority to deny the claim of the appellant. It is injustice.
Sir, thank you once again to highlight the topic as it is need of the hour.
Regards,
Rajneesh madhok,
B-xxx/63, Nehru Nagar,
St. No 2, Railway Road,
Phagwara-144401 (Pb)