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appeal

This is a discussion on appeal within the Ask for RTI Query forums, part of the RTI Community Support category; can a RTI applicant get lawyer help for his first appeal. That is a lawyer can prefer an appeal on behalf of the applicant to the first appellate authority with ...

          


  1. #1
    gilangovan is offline Opening Up
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    appeal

    can a RTI applicant get lawyer help for his first appeal.

    That is a lawyer can prefer an appeal on behalf of the applicant to the first appellate authority with his signature.

    Also the original applicant signature also in the same application. Can the appellate authority can reject this letter stating that the appeal is not preferred by the original applicant since a lawyer signature also appear in the form.

    Please quote RTI rules.

    G.Ilangovan




  2. #2
    Ketan Modi is offline Not too shy to talk
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    Re: appeal

    Sponsorer
    RTI Act provides for appellant be represented under letter of authorization from the applicant. Even if a layman appears on your behalf or even a lawyer appears or makes submissions on your behalf under authorization from you FAA cannot reject it. Your representative can make written submissions under his signature. Happy information seeking

    Ketan Modi



    Bapu

  3. #3
    sarbajit is offline Not too shy to talk
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    1 members found this post helpful.

    Re: appeal

    Quote Originally Posted by Ketan Modi View Post
    RTI Act provides for appellant be represented under letter of authorization from the applicant. Even if a layman appears on your behalf or even a lawyer appears or makes submissions on your behalf under authorization from you FAA cannot reject it. Your representative can make written submissions under his signature. Happy information seeking

    Ketan Modi
    If it is a Central PA, a legal practitioner can "assist" but cannot "represent" the appellant. In other words he cannot "speak for" the appellant but he can "speak to" him.




  4. #4
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    Re: appeal

    It is advisable to file first or second appeal under your own signature, though it would have been drafted by an advocate. In hearing you can authorise your advocate or any other person to represent you.



    WE GET GOVT WE DESERVE. WHAT DO YOU PLAN FOR 2013?

  5. #5
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    1 members found this post helpful.

    Re: appeal

    Rule Nos. 12 and 13 of Central RTI Rules 2012 :

    l2. Presence of the appellant before the Commission.-{ l) The appellant shall be informed ofthe date at least
    seven clear days before the date of hearing.

    (2) The appellant may be present in person or through his duly authorised representative or through video
    çonfelfencing, if the facility of video conferencing is available, at the time of hearing of the> appeal by the
    Commission.


    (3) `Where the Commission is satisfied that the circumstances exist due to which the appellant is unable to attend
    the hearing, then, the Commission may afford the appellant another opportunity of being heard before a ñnal
    decision is taken or take any other appropriate action 'as it may deem fit.

    13. Presentation' by the Public Auth0rity.*The public authority may authorise any representative any of its
    ofñcers to present its case.




    Last edited by dr.s.malhotra; 09-04-2012 at 07:51 PM. Reason: typing error

 

 

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