First Appeal hearing after 133 days when Second Appeal-cum-Complaint has already been filed?

**Sajib Nandi** · 11-25-2009, 11:41 PM

1. Date of RTI application: delivered on 28th May 2009

Result: Not a single information within mandated time

2. First Appeal: delivered on 27th July 2009; prayers included presence during hearing

3. Reminder to First Appeal: 16th September 2009

NO RESPONSE FOR FIRST APPEAL OR REMINDER

4. Filed Second Appeal-cum-Complaint dt. 19th Nov 2009 with CIC.

5. Now I received an order dt. 18th November 2009 from the FAA-

"Most the information has been supplied to you by the CPIOs. If you are not satisfied with the information supplied, you may appear before the FAA on **** at *** in my office".

6. (a) Out of 244 points on which information were sought, I received (delayed) information on 8 points, incomplete information on another 4 points, few false information.

(b) Total untouched points around 210, i.e., FAA's most is at best 25 out of 244.

(c) To me it appears a clever attempt to issue a backdated order (one day before Second Appeal-cum-Complaint) to avoid possible penalty by CIC.

(d) Moreover, points untouched include information on corruption of very senior officials (that warrant dismissal from service), illegal appointment of very senior officials (again warranting dismissal), involvement of senior officials in organized Doping, and my victimization because I reported corruption and Doping (I have, in my possession, documentary evidence of fabrication and forgery of official records against me by senior officials).

(e) Since Second Appeal-cum-Complaint already personally submitted with Diary No.(and hence I assume can be treated as pending before CIC), is it essential to appear before First Appeal Hearing scheduled on 133rd day of delivery of First Appeal?

(f) From his order, where less than 25 out of 244 is most, the attitude of the FAA is evident.

7. Personally, I'd prefer not to respond and wait for hearing before CIC. I have exercised my right as a citizen, and cannot be taken for granted by the FAA who failed to discharge his responsibilities.

8. To give an idea about my Second Appeal-cum-Complaint as advised by "karira", I am reproducing here my prayers:-

"Prayer or relief sought for:

(i) To order the PIO to supply me complete and correct information as requested by me in my original RTI application dt 26th May 2009, within 15 (fifteen) days

(ii) To order the PIO to certify information with his dated signature and official seal.

(iii) To order the PIO to provide me the complete information “Free of charge”.

(iv) To impose, under Section 20(1) of the RTI Act, a penalty on the PIO at the rate of two hundred and fifty rupees each day (subject to a maximum of twenty five thousand rupees) from the date the information was originally due (27th June 2009) till the date the information is actually or finally given to me.

(v) To recommend Disciplinary Action against the PIO under Section 20(2).

(vi) To recommend Disciplinary Action against the First Appellate Authority for not conducting any First Appeal Hearing and not passing any spoken or written orders despite having received my First Appeal and one reminder for First Appeal, thereby deliberately ignoring the quasi-judicial responsibility vested in him and dereliction of his official duties as a Public Servant.

Although there is no provision in the RTI Act for recommending Disciplinary Action against the First Appellate Authority, it should be noted that the FAA has not acted like a FAA at all, but only behaved like a superior administrative officer of the Public Authority. He is, therefore, liable to Disciplinary Action by the “Administrative Head” of the Public Authority. This is as per CIC decision in Complaint No. CIC/AT/A/2007/01502 dt. 24th October 2008.

(vii) To order exemplary compensation under Section 19(8) (b) of the RTI Act

(viii) To initiate an inquiry into-

(a) PIO failing to provide information within the specified time limit,

(b) PIO misusing Section 6(3) to deny information,

(c) PIO providing incomplete, misleading or false information,

(d) PIO destroying information,

(e) PIO failing to provide particulars of the FAA to deny information,

(f) FAA failing to discharge his “quasi-judicial” responsibilities by hearing my First Appeal and one reminder and passing an appropriate speaking order- Section 18(2)

(ix) To issue appropriate orders to the Director, Central Bureau of Investigation, New Delhi and the Director General of Police (Punjab), Chandigarh to-

(a) investigate the attempt on my life on 6th July 2009 following submission of RTI Petition including possible involvement of ****** PIO and ****** Appellate Authority (-cum-Appointing Authority-cum-Disciplinary Authority), and,

(b) submit their reports before the Hon’ble Commission within a specified time limit- Section 18(2) and (3)

(x) Any other order, as the Hon’ble Commission may deem fit"

9. Can I ignore the First Appeal hearing scheduled after 133 days from delivery of Appeal , when appropriate Second Appeal-cum-Complaint is already submitted before the CIC?

Kindly advise.

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**ambrish.p** · 11-25-2009, 11:53 PM

Sponsorer

Dear Sajib

1. Write a simple letter to FAA informing him/her that u have already filed 2nd Appeal in case due to non supply of complete and correct information and also mention the no. of speed/regd post by which u have sent the advance copy of your 2nd Appeal to PIO and FAA.

2. In the case your 2nd Appeal and reply of FAA have crossed each other and u think that information can be obtained at this level, u can attend the hearing.

3. Now u have to decide what to do.

regards

**rajub** · 11-26-2009, 08:38 AM

Dear Sanjib,

I would put forth possible fall out of your action either way.

1] If you attend the first appeal hearing.

a) You may get some more information (may includes may not)

b) Considering the volume of the information FAA may take the plea that supplying such a voluminous information would disproportionately divert the resources of the PA.

But this plea, if taken, is helpful to you. Because under this plea information cannot be denied but only given in alternate form. Moreover, it would certify that the information is not non-disclosable and FAA has no objection to supplying it.

c) A strong possibility is that FAA simply deny the information either simply quoting the exemption sections ad libitum or even without quoting any exemption section. He just wanted to save his skin by showing he has fulfilled his obligation as a FAA by holding hearing and passing the order.

2] If you do not attend the hearing

a) The IC may simply remand the matter back to the FAA saying the appellant should have availed the opportunity of hearing offered by FAA. The Ic might further say, "since the matter is voluminous and complicated it would be better it is first disposed off by the FAA who is from the same PA". The IC may comment, "the appellant is more interested in litigation than getting information by avoiding to attend the hearing. The appellant still have an opportunity of second appeal if he is not satisfied by the decision of the FAA".

All in all it is rarely seen the decisions of ICs are stricly in accordance with the statute and established legal procedure.

In my opinion it would be no harm attending the hearing. However, the decision has to be taken by you considering the pros and cons.

Regards

**Sajib Nandi** · 11-26-2009, 04:52 PM

Thanks ambrish.p and rajub.

If I attend the First Appeal Hearing now,

(i) In case satisfactory information is provided, what will happen to my Second Appeal-cum-Complaint before CIC? Will the complaint part be taken up?

(ii) In case satisfactory information is denied, am I required to file a fresh Second Appeal-cum-Complaint or the existing one will suffice?

Please guide.

Regards.

**colnrkurup** · 11-26-2009, 05:42 PM

There is nothing wrong in attending the hearing. In any case you will loose nothing. However please do not expect much from the CIC. It is likely that your case will be remanded to PIO or FAA. In any case please do not expect answer to such a long list of questions from any PIO. If I would have been in your position, I would have defenitely attended the hearing and managed to get at least very essential information out of the long list. If the FAA satisfy me reasonably, I would have withdrawn my second appeal and if not let the second appeal take its own cource. Meanwhile I would inform CIC also about the hearing as an addendum