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  1. #1
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    Default What actually happens during a Second Appeal Hearing at the CIC?


    Seniors,

    1. Please guide me to a thread/ post where the standard happenings during a Second Appeal at the CIC are described in details.

    Are outsiders/ press allowed inside?

    2. The CIC routinely orders the PA to file written reply with a copy to the appellant.

    Is it binding on the PA to supply copy to the appellant before the date of hearing?

    Can the appellant demand adjournment, during first hearing, till such copy is provided with clear time gap to allow him to study the reply? If yes, any orders from CIC to this effect?

    3. Status of a Second Appeal shows:

    "Under Scrutiny Process
    Complaint/ Appeal Admitted"

    What does it mean?

    Can it be assumed that PA already submitted written reply and the same is being examined?

    How long it usually takes till hearing after such status message is displayed?

    Regards.



  2. #2
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    C J Karira
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    Default Re: What actually happens during a Second Appeal Hearing at the CIC?


    1. I am not sure, but I think that there is no general thread.
    Am in the process of making a Guide article "The definitive Guide to Before, During and After Second Appeal Hearing". It will take a few more days to complete.

    2. The hearings are "open".
    Any person can go in as an observer. All that might be required by the IC is a written request to attend as an observer.
    The press/media can also go in.

    3. The written comments offered by the PIO/FAA in response to your second Appeal should also be provided to you. Just follow up with the Asst. Registrar (the one who sends you Notice of Hearing) to send you a copy. If the PIO/FAA bring the comments only at the time of hearing, you can ask for a copy and also some time to study it.
    If you haven't got a copy then point it out at the time of hearing.
    But do not ask for a postponement - otherwise you get back into the queue and wait for more time.

    4. "Under Scrutiny Process
    Complaint/ Appeal Admitted"

    This simply means that the Asst. Registrar has gone through your Second Appeal and found it to comply with all Rules and Regulations and fit for a hearing. Now your appeal is in queue for a hearing.

    5. The above status does not indicate anything about the position in the queue or how long it will take for the matter to come up for hearing.
    @cjkarira

  3. #3
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    Dinesh
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    Default Re: What actually happens during a Second Appeal Hearing at the CIC?


    1. You can take atleast one person along with you for hearing. When you report to the office of the CIC you are given a form in which you can fill-in name of person you are taking with you. It is better to take a friend of you along during the hearing.

    2. The PA suddenly comes into action as soon as he get a notice of hearing from CIC. He will reply your application even if he has replied it earlier. Mark the points on which you are not satisfied. There is no need to reply to the PA.

    3. After your status shows "under securitiny process" you should assume "All is Well" and expect for the date of hearing within next 15 to 20 days.

  4. #4
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    Default Re: What actually happens during a Second Appeal Hearing at the CIC?



    Thanks Karira.

    What did you mean by :"If the PIO/FAA bring the comments only at the time of hearing, you can ask for a copy and also some time to study it."

    Did you mean few minutes time?

    The reply of the PA will be drafted by their lawyers to typically misguide, divert and confuse the IC to deny requested information. Advocates may be engaged for the hearing too. Studying for few minutes is insufficient to call their bluff.

    Kindly advise a practical solution where the PA is a proven dishonest entity. [Despite of time-bound order from the FAA, information has not been supplied. This simply cannot happen without tacit approval of the FAA.]

    Regards.

  5. #5
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    Default Re: What actually happens during a Second Appeal Hearing at the CIC?


    Dinesh,

    Thanks for the useful guidance.

    Regards.

  6. #6
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    C J Karira
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    Default Re: What actually happens during a Second Appeal Hearing at the CIC?


    Sanjib,

    1. You can ask for as much time as you want to study the PA's comments.
    2. In case FAA's orders have not been obeyed by the PIO (irrespective of the FAA's complicity), it only means that the PIO has refused to obey the orders of a senior officer who is also a quasi-judicial authority under the RTI Act. This means gross "insubordination" by the PIO and you can demand that the CIC order the FAA to take action against the PIO as per the rules and regulations of service.
    This also means that on the face of it, there is a "malafide" denial of information by the PIO. Demand a penalty of Rs 25,000 straight away for malafide denial.
    3. The fact that the FAA's order has not been obeyed resulted in you having to approach the CIC. This would have been avoided had both the FAA and PIO ensured that the information is provided to you. By not doing so, they have wasted your time, the CIC's time and most importantly public's money !

    If you prepare properly, do not worry about Advocates or legal stuff.
    Remember, for a Advocate/Lawyer, it is a "professional" act to appear in CIC.
    For you, it is "passion" and a fight for your "fundamental right" !

    Also remember Sec 5(3):

    3. Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

    If you cannot understand something in the comments given by the PA, ask the CPIO (or the advocate/lawyer representing him) to explain to you. You can even do this during the hearing (in front of the IC) by saying something like..."Sir, I am not a advocate or a lawyer but only a ordinary citizen asking for information as my fundamental right. I cannot understand...........part. Can you please offer me reasonable assistance and clarify in simple language as to what it means?"

    By the way, who is the IC ? And when is the hearing ?
    @cjkarira

  7. #7
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    Default Re: What actually happens during a Second Appeal Hearing at the CIC?


    No date for hearing yet.



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