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    how many days should be given by FAA to applicant for appear before FAA?


    Dear Members,
    I have applied FAA one month ago and I received a letter for hearing before FAA today by hand on evening. I could not able to manage tomorrow to appear before FAA. I would like to know, how many days should be given by FAA to applicant for appear before FAA. Is there any rule for this under RTI Act?

    Reagrds,
    Karan



  2. #2
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    J.P. SHAH
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    Default Re: how many days should be given by FAA to applicant for appear before FAA?


    As per latest RTI Rules 2012 effective from 31-07-2012, for central govt information it is 7 days in advance. Our experience shows that hearing and FA exercise is futile in 95% cases. FAA concurs with PIO, since PIO mostly takes unofficial confirmation from FAA before sending you his reply.
    It takes each of us to make difference for all of us.

  3. #3
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    C J Karira
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    Default Re: how many days should be given by FAA to applicant for appear before FAA?


    There is no such rule in the RTI Act but it follows from the "principles of natural justice".
    The notice period should be enough for the appellant to prepare and appear for the hearing.


    In the case of M/s Nagarjuna Construction Company Limited v. Govt. of Andhra Pradesh and Ors. While deciding Civil Appeal 1438 of 2004, the Hon’ble Supreme Court has observed on 20th October 2008:

    “35. The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard.
    Notice is the first limb of this principle. It must be precise and unambiguous. It
    should appraise the party determinatively the case he has to meet. Time given for
    the purpose should be adequate so as to enable him to make his representation. In
    the absence of a notice of the kind and such reasonable opportunity, the order
    passed becomes wholly vitiated. Thus, it is but essential that a party should be put
    on notice of the case before any adverse order is passed against him. This is one
    of the most important principles of natural justice. It is after all an approved rule of
    fair play. The concept has gained significance and shades with time. When the historic document was made at Runnymede in 1215, the first statutory recognition
    of this principle found its way into the "Magna Carta". The classic exposition of Sir
    Edward Coke of natural justice requires to "vocate interrogate and adjudicate". In
    the celebrated case of Cooper v. Wandsworth Board of Works (1963 (143) ER 414),
    the principle was thus stated:

    "Even God did not pass a sentence upon Adam,
    before he was called upon to make his defence.
    "Adam" says God, "where art thou has thou not
    eaten of the tree whereof I commanded thee that
    though should not eat".

    Since then the principle has been chiselled, honed and refined, enriching its content. Judicial treatment has added light and luminosity to the concept, like polishing of a diamond.
    36. Principles of natural justice are those rules which have been laid down by the Courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice.

    ==================

    You should write back immediately to the FAA and inform him that you received the notice of hearing just one day before and therefore could not attend the hearing.

    Request him to reschedule the hearing after issuing you a new notice and provide sufficient time.
    @cjkarira



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