When RTI Cases Can and Cannot Be Reviewed
The Right to Information (RTI) Act, 2005 empowers citizens to seek information from public authorities and provides a clear appellate structure. However, one practical question often arises among RTI applicants: Can the Central Information Commission (CIC) re-open a case that has already been decided?
This explains the legal position, practical limits, and exceptions—using an actual CIC case as an example.
Why Applicants Seek Re-Opening of RTI Cases
RTI applicants sometimes feel that:
- Their grievances were not properly addressed,
- The Information Commissioner misunderstood key facts,
- Important documents were overlooked, or
- A procedural irregularity occurred.
In such situations, applicants attempt to request the CIC to “re-open” or “review” an earlier decision.
However, the RTI Act does not explicitly provide a mechanism for reopening or reviewing a final CIC order. And this forms the basis of many rejections.
Case Example: Request to Re-Open a Previously Decided Matter
In the case under discussion, the appellant sent several emails to the Registry of the Chief Information Commissioner seeking to re-open a case earlier decided Commissioner Smt. Deepak Sandhu.
What Happened in the Original Case
In the original proceeding (File No. CIC/DS/A/2010/001938), Smt. Deepak Sandhu had held that:
- Complete and adequate information had already been supplied to the appellant,
- No further action was required.
What Happened When Re-Opening Was Requested
During the hearing on the re-opening request:
- The Public Information Officer submitted the details of the earlier decision.
- The Commission held that the CIC rules do not provide any provision to re-open a concluded matter.
Final Outcome:
The appeal to reopen the case was rejected because the CIC does not ordinarily have the power to review or revisit its concluded judgments.
So, Can the CIC Review or Re-Open a Case?
Generally, no.
The RTI Act, 2005 does not explicitly grant review powers to the CIC.
However, over the years, the CIC has on rare occasions reopened matters under very specific circumstances. These instances are treated as exceptions, not a general right.
When the CIC Has Re-Opened Cases: The Narrow Exceptions
While the CIC does not formally have review powers under the RTI Act, it has sometimes invoked inherent powers in exceptional situations such as:
1. Mistake of Fact
If the Commission made an error due to incorrect or missing information, leading to an unjust outcome, it may revisit the case.
2. Violation of Natural Justice
If a third party was not given an opportunity to be heard or if a vital party was excluded from the proceedings, the Commission may re-examine the matter.
3. Procedural Irregularities
In rare cases, if a procedural defect is discovered that affects the validity of the decision, the Commission may correct it.
These are not standard review processes. They are inherent corrective powers, exercised sparingly.
Practical Takeaway for RTI Applicants
- A decided CIC case cannot be re-opened simply because the applicant is dissatisfied.
- Re-opening is possible only under very limited and exceptional grounds.
- If you believe a major injustice occurred, you may:
- File a fresh RTI application if new issues arise, or
- Approach the High Court under writ jurisdiction.
The High Court has the authority to review CIC decisions, unlike the CIC itself.
Conclusion
The CIC does not have a formal mechanism to re-open an already decided matter. The case discussed here illustrates that even persistent requests or emails cannot compel the CIC to revisit a closed file. While the Commission has occasionally exercised inherent powers to correct grave errors or procedural violations, these instances remain rare and exceptional.
For most applicants, the realistic remedy against an incorrect CIC order is to seek judicial review before the High Court.
