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Hearing by the First Appellate Authority

This is a discussion on Hearing by the First Appellate Authority within the RTI General Discussions forums, part of the RTI Community Lounge category; Harnessed with lack of accountability and comradeship with the subordinate PIO the general tendency of most of the Appellate Authorities are to repeat the verdict of the PIO in repy ...


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Old 05-13-2008, 11:20 PM
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Name: Col NR Kurup (Retd)
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Hearing by the First Appellate Authority

Harnessed with lack of accountability and comradeship with the subordinate PIO the general tendency of most of the Appellate Authorities are to repeat the verdict of the PIO in repy to First Appeal. I think the appellant should specifically seek ' for an opportunity for being heard 'while considering the first appeal. In fact the appellant should add it as one of the prayers. During the hearing bring out the lacunas in the reply of the PIO and plead to include your arguments in the orders of FAA. In one of my cases I had even handed over my short notes of arguments which the AA could not ignore and naturally its inclusion in the orders was of immence help to me.Further this has made it obligatory for the AA to consider the appeal seriously.

Generally the AAs being located in the same office of PIO, it is not difficult for an appellant to attend the hearing. Recently I have specifically started adding in my prayer to give me an opportunity for being heard during the hearing of the AA stating that such an action can save undue expenditure to the government as well as to the appellant apart from wasting precious time and effort of the SIC.

Generally the AA escape attending hearing on a plea of requirement of their presence in the District due to some odd cituation. In case he had refused to consider the appellant's plea for hearing, the AA may find it difficult to justify his absence during SIC's hearing. and the AAs generally does not like to attend hearing of the SIC. Net result is that many cases are likely to be settled at first appeal stage ie., within 2 months.

Last edited by colnrkurup; 05-13-2008 at 11:55 PM.
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