Commission shall decide the appeal in accordance with by the rules made under the RTI Act by the appropriate Government

in Delhi Development Authority vs Central Information Commission datede on 21 May, 2010

   THE HIGH COURT OF DELHI AT NEW DELHI in  WP (C) 12714/2009

Honorable Justice  Badar Durrez Ahmed , held that

 36. We would also like to re-iterate the provisions of Section 19(10) of the RTI Act. Section 19, as we have mentioned earlier, deals with appeals. Sub-section (10) of Section 19 clearly stipulates that the Central Information Commission or the State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure ―as may be prescribed‖. The word ‗prescribed' is defined in Section 2(g) of the RTI Act to mean prescribed by the rules made under the RTI Act by the appropriate Government or the competent authority, as the case may be. It has no reference to any regulations made or to be made by the Chief Information Commissioner. Thus, the mandate of the Act is that the Central Information Commission shall decide the appeal in accordance with the rules made under the said Act by the appropriate Government or the competent authority, as the case may be and not otherwise. The Central Information Commissioner by formulating the regulations and prescribing the procedure for deciding appeals, has clearly violated these provisions of the RTI Act.