Observations made by the High Court of Gujarat 1) to the notice of the Central Infonnation Commission and all the State Information Commissions:
“As per Section 18, the Complaint can be preferred before the State Information Commission and Chief Information Commissioner can initiate an inquiry and can impose penalty as per Section 20 .of the Act, 2005. While holding inquiry, as per Section 18(3) of the Act, 2005, State Chief Information.
Commissioner has been clothed with powers of the Civil Court under the Code of Civil Procedure, 1908, in respect of summoning and enforcing the attendance of persons and compel them to give oral and written evidence or oath, requiring the discovery and inspection of documents; receiving evidence on affidavit; requisitioning any public record or copies thereof from any court or office. But so far as refund of fees is concerned, it is a mater to be decided by the Civil Court of Competent jurisdiction under Code of Civil Procedure, 1907. State Chief Information· Commissioner has no power, jurisdiction and authority under the Act,f005, to pass an order of refund of the fees.”
Ahmedabad Education Society & Another Vis UOI & Others [Special Civil Application No.23305 of 2007]
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