Need Help: Alternate FAA

[jiwateshwar]

Is it possible to ask the C.P.I.O. to appoint an alternate or different FAA for filing the first appeal. Kindly see the attachments of post Electronic means of RTI Application

In this case the FAA is himself involved in the case and has made unauthorized correspondence. As per section 19(1) the appeal can be laid before an officer senior in rank. Also it makes no sense in filing an appeal before a person who is himself involved in the act of denying me information.

Plz advise

[wehelp]

Is it possible to ask the CPIO to appoint an alternate or different FAA

how come a CPIO who is below the rank of FAA has the authority to appoint/change FAA

[jiwateshwar]

What I actually mean is that the C.P.I.O. can suggest an alternate officer for filling the first appeal. It is required of the C.P.I.O. to communicate the details of an authority to whom an appeal can be filed. as in this case, the FAA is himself involved in the case, thus it becomes ill-logical to file an appeal before him. Alternatively, the first appeal would have to be filed before an officer superior in rank and post to the FAA.

or are there other ways around??

[karira]

Jiwateshwar,

Can you please clarify if the following understanding of your case is correct or not:

The CPIO asked you to approach "another" FAA, who is not the officially designated FAA.
Is that correct ?
Was the FAA you were redirected to in the same PA or a different PA ?
Did the PIO at any time mention that the application was being transferred to another PA (to which the new FAA belongs) ?

[jps50]

I would suggest that U submit first appeal to the officer mentioned by CPIO, but request this FAA to transfer to another FAA for the reasons mentioned by you and in the interest of justice. Non-the-less, in most of cases, FAA are useless and concur with CPIO only. U will in any case be required to approach CIC.

[colnrkurup]

Though there is provision in judiciary for seeking transfer of cases in such circumstances, I don't think that the RTI Act has any such provision. The solution is to wait for the orders of the FAA and prove the injustice if any done by the FAA in the second appeal. One should bear in mind that unlike other enactments affecting judiciary the RTI Act does not bestow any descretionary powers to the PIO/ FAA and naturally there is no scope for any adverse interpretation of rules. Even an antogonised/hostile FAA cannot cause much damage. I do not feel the requirement of such transfer of cases.

[jiwateshwar]

Karira,
Nope! The matter of my RTI application concerns the FAA and thus he has got involved into the process of delivering (read as denying) me the information directly. He has started tendering direct replies to me without having the authority to do so. Thus how can i file my first appeal in front of him??

jps50,
Exactly what i was thinking before, but later i decided that maybe I could file my first appeal to the senior most IAS officer of the city with a CC to the FAA. In the appeal i could tell him the reasons for doing so and ask him to pass orders on my appeal instead of FAA. Or he may direct my appeal back to the FAA. What do you think about that??

[jps50]

Only FAA designated under the act has authority to decide your appeal and not any other senior or junior officer. If a public authority has more than one FAA, in that case another FAA can decide on your appeal. Senior officer can take administrative action only.

[ooom6]

Only FAA designated under the act has authority to decide your 1st appeal .later course of action is cic which will decide the matter finally.When the senior officer in the same dept is designated as FAA,some times there will be chances of requiring information against FAA,himself.

[ganpat1956]

Procedurally, you have no alternative than to file the first appeal before the designated FAA. In as much as the PA has not designated another FAA to deal with peculiar matters of this nature, you will now be left with a situation where the FAA sits in appeal over a matter concerning himself and render a decision, which will be against the principles of natural justice.

The RTI Act, still being under the process of evolution has presently no provision for this anomaly. Probably, your second appeal before the CIC may set things in motion to remove this grey area.

[jiwateshwar]

Thank you all for your response. This is a really big handicap for someone genuinely seeking information. I think in most of our cases the requested information does usually stand against the will of the FAA. It is a very big loophole in favour of those FAAs which have realized it. The C.P.I.O. can legally delay information for a period of upto 35 days. The usual delay though is anywhere between 1.5-2 months (Grand total 2 months). After this approach the FAA. The FAA can legally delay information upto 45 days without giving decision (Grand total 3.5 months). And then we approach the CIC. CIC takes approximately 4-7 months to pass a decision (Grand total 10.5 months). And in case the FAA has not held a hearing, the appeal is sent back to FAA for disposal with a 15 day limit (Grand total 11 months). And it doesnt end here, the FAA may this time around deny you information on some dubious grounds and thus forcing you into a second appeal again. Keep Smiling and hope something works out soon.

[jiwateshwar]

Originally Posted by ganpat1956

Procedurally, you have no alternative than to file the first appeal before the designated FAA. In as much as the PA has not designated another FAA to deal with peculiar matters of this nature, you will now be left with a situation where the FAA sits in appeal over a matter concerning himself and render a decision, which will be against the principles of natural justice.

The RTI Act, still being under the process of evolution has presently no provision for this anomaly. Probably, your second appeal before the CIC may set things in motion to remove this grey area.

Most of my RTI applications center around one particular FAA. He is directly responsible for denying me information as no one else gets affected as much as he does if the information is let out. Going through CIC decisions i found that this is not the first time that he has failed to hold a hearing on first appeal. He does it usually. He changes CPIO at his office every six months , and in CIC he claims that a change of guard at his office has been the reason behind not holding a hearing. The CIC lets him off just like that. And it is always the Chief IC

[colnrkurup]

One cannot consider the RTI proceedings at par with other judicial proceeds. In judicial proceedings the judge normally does not have any involvement in the case. But in RTI proceedings, the interest of the PIO and FAA is directly involved. It is just not possible to transfer the cases to a different FAA. Further, the Architect of the RTI Act might not have visualised that the RTI proceedings will turn out to become a proceedings in the line of judicial proceedings.

[vijendra singh]

Dear Jiwateshwar , u file the first appeal just for formality . Side by side , u file second appeal to cic . But u must not tell them both about yr double action . Thus u can get hearing in cic within about 2 months . This method will be time-saving .I did so 4 times & saved some time. In yr second appeal , mention that u have no hope from FAA as he directly affected by info & he has given hints of no info.

[jiwateshwar]

Originally Posted by vijendra singh

Dear Jiwateshwar , u file the first appeal just for formality . Side by side , u file second appeal to cic . But u must not tell them both about yr double action . Thus u can get hearing in cic within about 2 months . This method will be time-saving .I did so 4 times & saved some time. In yr second appeal , mention that u have no hope from FAA as he directly affected by info & he has given hints of no info.

Does that really work??Are we not supposed to send a copy of our second appeal to the FAA and CPIO? In this case, as I see it, the FAA will simply claim filling of second appeal as the reason for inaction by him. Moreover the RTI Act clearly states that the 2nd appeal can be filed only after the decision of FA becomes due and within 90 days of the same. An appeal before this period would be reduced to a complaint. Isnt that true? or am i wrong?

[karira]

The RTI Act only provides for the PA to designate a PIO.
Nowhere does it provide for a designation of FAA.

The only mention of the AA is in Sec 19(1):

Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority

There are several orders of the CIC and SIc's that if the applicant does not know who is the FAA OR the PIO has not informed him as to who is the FAA OR FAA has not been designated, the First Appeal will lie with any officer higher in rank OR even with the administrative head of the PA.

You can either:

1. Do as jps50 suggests to file the first appeal anyway and prepare for denial and then file Second Appeal.

2. If PIO has not informed you about the details of the FAA, file your First Appeal with any officer higher in rank to the PIO.

But both the alternatives will lead you to a Second Appeal and a wait of over a year.

Instead why don't you "pray" in your first appeal for your presence during the first appeal and argue your case forcefully in front of the same FAA. At least that way you get a chance to put your case across forcefully.

The best choice is to confront the issue head on, unless you have some other motives which you have not elucidated here.

[jiwateshwar]

No, there are no other motives

[ganpat1956]

Originally Posted by karira

The RTI Act only provides for the PA to designate a PIO.
Nowhere does it provide for a designation of FAA.

There are several orders of the CIC and SIc's that if the applicant does not know who is the FAA OR the PIO has not informed him as to who is the FAA OR FAA has not been designated,.....................

Karira, I am just trying to read in-between the lines. IF the Act does not provide for a PA to designate, then how does an FAA get designated/nominated for the job?

[ganpat1956]

Originally Posted by jiwateshwar

. He changes CPIO at his office every six months , and in CIC he claims that a change of guard at his office has been the reason behind not holding a hearing. The CIC lets him off just like that. And it is always the Chief IC

If that is the case, then collect details of all such CIC decisions where this should have been noted and keep them ready for your second hearing. If the AA repeats his excuse during the hearing before CIC, you can counter it by duly producing all these evidences and expose the game.