Request for good suggestion

[GAUTAM BHATTA]

Dear Members,
I submitted one RTI application 26th Oct. 08. But as I did not receive any information from the concerned SPIO , I went for 1st appeal on 18th Dec. 08. In my appeal I specifically mentioned that I will not attend the 1st appeal hearing as (1) it not mandatory (2) it is useless to attend when no response was given. I requested FAA to direct the PIO for early response to the application. Inspite of that FAA asked me to attend the hearing. I decided to attend as it was known to me that in case of absence the FAA will dismiss the case(Is it possible for him to do that?).So I tried to attend the hearing to much distance place in KOLKATA, but I was late by 15 minuites and by this time the FAA dismissed the appeal hearing and I came to know that he did not direct the PIO to furnish information at all. The PIO did not furnish any information even after75 days, but as I was late by 15 minuites, the hearing was dismissed! As I am a new member I would request you to suggest me the proper course of action , if the FAA /PIO do not furnish any information at all . Should I go for second appeal or submit complaint to the SIC and what should exactly be mentioned therein .
With best wishes-Gautam

[karira]

It is not obligatory for a applicant to appear before a FAA . This is even more so in this case where the matter is regarding PIO 's non-reply. What can a applicant say in such a hearing ? Hopefully you said all you wanted to say in writing, in the First Appeal .
It was a good decision to appear before the FAA .
Do you have any proof/evidence that you appeared 15 minutes late in front of the FAA ? Like a entry in the visitors register or a mention in his order.

If you have received the FAA 's order, what is the reason he has given for dismissing the First Appeal ? FAA 's order must be reasoned since he is a quasi-judicial authority.

Go for Second Appeal to the SIC/CIC. Please follow the relevant rules/procedure for the Second Appeal depending on whether it is the SIC or CIC.

[rajub]

Dear Gautam,

I would suggest you file another application to FAA (not to PIO ) asking for the reason for his decision to treat you as absent in FA proceedings for being late only 15 minutes.

State in this application that FAA must give reason as per section 4(1)(d) of the RTI Act.

In my opinion you need not pay any fees for application under section 4(1)(d) .

Make sure you send this application by regd. post or speed post with acknowledgment due so that you have the acknowledgment of receipt of this application.

Please do not bother if you get reply to this letter or not.

[colnrkurup]

Please watch out for the prescribed period of 90 days allowed for second appeal .

[GAUTAM BHATTA]

Dear Rajub,
You suggested--- state in this application that FAA must give reason as per Section 4(1)(d) of the RTI Act . But my little experience with these PIO /FAA is not at all satisfactory. In previous responce wrt 4(1)(d) the typical response was- RTI is for information - not for explanation or No recorded reason was available. And the SIC is very much reluctant to take any suitable action against these PIOs. Also 2 second appeals/complaints are pending with SIC for months after months. Pios are eager to hide certain information rather than to furnish it, for obvious reason.
But as suggested by you all I am going to submit a second appeal at the earliest with a prayer for furnishing information by PIO . No need of prayer for penalty , isn't it ?

[rajub]

Dear Gautam,

I don't want to elaborate the reasoning behind my suggestion for making application u/s 4(1)(d) in this open forum.

But this application will definitely help you in second appeal .

Let FAA say you cannot ask for reason. It does not harm you any way.

[GAUTAM BHATTA]

Dear Rajub,
Your suggestion for sending an application u/s 4(1)(d) is very good one and I shall submit it just after receiving the FAA 's order. But if it is submitted to the FAA , would he entertain it ? Is there any provision for submission of application ( RTI ) to FAA , not to the PIO ? But I think, as you opined that reply or no reply, it would be helpful for the 2nd appeal , as and when the PIO don't bother to furnish information months together, violating the RTI Act ( SIC is sleeping, not a single penalty so far for delay in reply) how the FAA dismiss the appeal hearing for delay for 15 minuites only ?---abhijeet

[rajub]

Dear Gautam,

You reached the place of the hearing (although 15 minutes late). You met FAA but he said the hearing is over. By making application you will bring these facts on record .

Making the application right now does not give PIO /FAA chance to say that it is afterthought by you.

You just send the application to FAA by speed post/regd. post AD and forget about it.

[RAVEENA_O]

Please carefully read Karira's advice. When you said everything in your First Appeal , why the FAA should call you for hearing. The role of FAA is to review the action of his own PIO - whether PIO 's decision is fair and just and within the framework of RTI Act. Your absence from hearing in no way snatch away your right to get the information you sought from PIO . If you did not hear from FAA , please prefer Second appeal before SIC after 30+15 days.

[abhijeet]

Dear Sir,
Thank you for writing my name (inadvertently ?) ; I would like to inform you that I had same experience with FAA of W.B.Govt. Department and I had already mentioned it in this forum through one thread.Probably you have gone through it. My second appeal in this regard is pending with SIC. When it will be decided , is not at all known to me. I would suggest you to go for the 2nd appeal explaining everything.
abhijeet