Delhi High Court today stayed CIC's direction to BJP MLA Vijender Gupta's wife to explain how she had authorised disbursal of pension to a woman who was not eligible for it, terming the order "strange".
Justice Sanjeev Sachdeva said the May 13 order passed by the Central Information Commission (CIC) amounted to "usurping powers of the court" as CIC does not have powers enjoyed by the high courts under Article 226 of the Constitution.
"Very strange orders are being passed. It amounts to usurping powers of the court. How is it (CIC) passing such orders? It (CIC) does not have the power under Article 226.
"Notice. Till next date of hearing, operation of impugned order of May 13, 2016 shall remain stayed," the court said and listed the matter for further hearing on April 24 next year.
It also asked the Delhi government why it had not challenged the CIC order.
CIC, in its order, had also said that councillors would be individually responsible for recommending ineligible persons for pension scheme meant for senior citizens and disabled.
The high court's order came on a plea by Gupta's wife, Shobha Vijender, against the CIC's May 13 decision, which had come on the plea by one Charanjit Singh Bhatia who had filed an RTI application in Chief Minister's office saying his wife was not getting disability pension she was entitled to.
Shobha Vijender, a councillor from Rohini zone of North MCD, in her petition has stated the "Information Commissioner (IC) has passed ex-facie erroneous, unconstitutional and illegal order which is liable to be set aside forthwith."
"The order has been passed without even giving an opportunity of hearing. Fundamental rights of the petitioner have been infringed. The Petitioner is not the authority which sanctions pension. As per DMC Act, pensions are sanctioned by the Commissioner of NDMC," her plea claimed.
In its order, CIC had asked the Lieutenant Governor to
take necessary remedial measures to ensure strict compliance with the eligibility norms and to obtain a comprehensive note on disbursal of pension money by the three corporations so that necessary action can be taken against those not eligible.
The mayor of North Corporation was also directed to find out how many persons were granted pension on recommendations of councillors in violation of eligibility norms and to initiate steps to stop such disbursals.
In her plea, Shobha Vijender has said that CIC has exceeded its jurisdiction in passing the order which was "without any legal sanction and is devoid of merit".
"Order has been passed by CIC in excess of the exercise of the power conferred upon by the RTI Act. The order has been passed without taking into consideration the relevant legal and factual aspect of the case.
"CIC does not have the authority to pass any direction/ observation about functioning, administration, dispensation of duties etc. By any government authority and how they function and perform their work," the plea has said.
"NDMC has its own rules and procedure on the subject of sanction of stipened to senior citizens, widows, handicapped etc. And has absolute power to grant or reject sanction pension despite their being recommendation by the Councillor. Rules and regulations of NDMC were not even considered by IC while passing the order," it added.
