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Issues Involved:
1. Power of Central Information Commission to appoint a committee for inquiry. 2. Validity of Central Information Commission (Management) Regulations, 2007. 3. Power of Central Information Commission to summon the Vice-Chairman, DDA. Issue-wise Detailed Analysis: 1. Power of Central Information Commission to Appoint a Committee for Inquiry: The core question was whether the Central Information Commission (CIC) had the authority under the RTI Act to appoint a committee comprising non-members for inquiry into a public authority's compliance with Section 4 of the RTI Act. The court analyzed Sections 4, 18, and 19 of the RTI Act and concluded that the Act does not empower the CIC to delegate its inquiry powers to any other committee or person. The maxim "Delegatus non potest delegare" (a delegate cannot further delegate) was cited, emphasizing that the CIC must conduct inquiries itself. Thus, the appointment of a third-party committee by the CIC was deemed ultra vires, and the impugned order was set aside to this extent. 2. Validity of Central Information Commission (Management) Regulations, 2007: The court examined whether the Chief Information Commissioner (CIC) had the authority to frame the Central Information Commission (Management) Regulations, 2007, particularly Regulation 20. It was found that Section 12(4) of the RTI Act, which was cited as the source of power, only pertains to the internal management of the CIC and does not extend to substantive or procedural provisions of the Act. The court highlighted that the CIC, being a statutory body, cannot exceed the powers conferred by the statute. The impugned Regulations were found to be beyond the CIC's authority and thus were quashed as ultra vires the RTI Act. 3. Power of Central Information Commission to Summon the Vice-Chairman, DDA: The court scrutinized the CIC's power to summon individuals under Section 18(3) of the RTI Act, which allows summoning for the purpose of giving evidence or producing documents. It was determined that the CIC's direction for the Vice-Chairman, DDA to be present was not for giving evidence but for other reasons, which is beyond the CIC's statutory powers. The court stated that such summoning powers are limited to courts of plenary jurisdiction and not to statutory bodies like the CIC. Consequently, the adverse inference drawn against the Vice-Chairman, DDA for his absence was set aside. Reliefs: The impugned order dated 22.09.2009 was set aside to the extent that it appointed an inquiry committee and drew an adverse inference from the absence of the Vice-Chairman, DDA. The Central Information Commission (Management) Regulations, 2007 were quashed as ultra vires the RTI Act. The parties were directed to bear their respective costs.
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