DECISION ON THE COMPLAINTS AND APPEALS SHOULD BE TAKEN BY THE CIC OR SIC AS DEFINED IN SECTION 2(b) OF THE RTI ACT, 2005 AND NOT BY THE BENCHES OF THE COMMISSION.

All the RTI activists and volunteers are required to perform their duty of work and conduct related to access to information and further compliance under law code manual prefixed by the Act ibid in this behalf where there should be no considerations of the party lines and in view of this legal position, it is advised that decisions on the complaints and appeals should be taken by the Central Information Commissioner or State Information Commission as defined in Section 2(b) of the RTI Act 2005 and not by the beaches of the Commission. It is observed that the CIC and some state information commissions are taking decisions on the complaints and the appeals by constituting Benches. The matter has been examined in consultations with the Department of Legal Affairs who have pointed out that the CIC or SIC could function through Benches only if there was a specific provision in the Act regarding Constitution of Benches. The department has further opined that provision of section 12(4) of the RTI act don't empower the CIC to constitute the Benches. As such a person can make a complaint or an appeal to the CIC or the SIC, as the case may be, in the circumstances as provided in the Act and that the concerned Commission may take action on the complaint or appeal in accordance with the provisions of the Act.