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tricky first authority

This is a discussion on tricky first authority within the Ask for RTI Query forums, part of the RTI Community Support category; The PIO supplied me incorrect incomplete information to me with a delay of 30 days . I filed first appeal with FAA against order of PIO . The FAA heard ...


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  #1  
Old 11-09-2008, 11:10 PM
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Unanswered: tricky first authority

The PIO supplied me incorrect incomplete information to me with a delay of 30 days . I filed first appeal with FAA against order of PIO . The FAA heard the appeal and ordered PIO to provide complete information within 3 days of hearing . The PIO delayed information by another 30 days and even then in its reply PIO again supplied the exact replica of its first information reply . I informed the FAA of it and requested FAA to pass an order against the PIO . The FAA sent a letter dated 15-07-2008 to me to appear before FAA on 19-07-2008 in case I did not receive complete information by 19-07-2008 . This letter from FAA reached me on 18-07-2008 and I appeared before FAA on 19-07-2008 as was directed . The FAA heard me and PIO on 19-07-2008 and told me that final order would be sent to me by post . For another 45 days I did not receive any communication from FAA and meanwhile I wrote twice to FAA requesting for the copy of his final order - once on 02-08-2008 and then on 20-08-2008 giving reference of the hearing on 19-07-2008 . When I did not get reply from FAA , I filed 2nd appeal on 15-09-2008 which was fixed for hearing on 20-10-2008 and the PIO and FAA were directed by CIC to send their comments to me by 29-09-2008 . Their comments never reached me . On 08-10-2008 I received a letter from FAA which made a reference to my letter dated 20-08-2008 to him and along with it was a copy of order of FAA dated 19-08-2008 mentioning that Since I had not appeared before him on directed date of 19-07-2008 , the case had been filed by him . I am shocked by this lie on part of FAA since I had appeared before him as I have mentioned here and the appeal was heard by him .

The CIC heard the PIO / FAA and me on 10-10-2008 and without going into the delay and conduct of FAA , told the PIO to give me the information that was available to him .

I am at a loss what to do .

1. can CIC hear appeal in absence of written reply being supplied to me by the respondent FAA and PIO ?

2. How do I prove the truth that I had in fact appeared before FAA ?
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Old 11-10-2008, 06:13 AM
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Re: tricky first authority

FAA someimes does not keep any minutes of the meeting/hearing. Even if it is recorded, not properly recorded the views of the appellant, FAA is always in favour of the PIO. How to record proper minutes and proof of the presence of the appellant ? I received two letters for appearing on the 1st appeal after the date of hearing. How nicely they are harassing the applicants. And there is the great State Information Commissioner , who does not like to impose penalty for any delay.It is not possible to go to the High Court for all these matters.

Last edited by abhijeet; 11-10-2008 at 06:14 AM. Reason: correction
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Old 11-10-2008, 08:04 AM
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Re: tricky first authority

You may consider this issue as closed from the CIC's side. It has ordered the PIO to provide the information available with him. Now, if the PIO might give you the same old information and say that he has provided you all the information held by him. I don't think anything more could be done unless you start it all over again by seeking Inspection. You may identify the information as held by the PIO and ask for its copy.
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Old 11-10-2008, 11:56 PM
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Re: tricky first authority

thanks.
does that mean CIC will give me no chance to speak if the information to be supplied by PIO is again incomplete ?

In this case I have already informed the CIC that the information asked by me is contained in registries of 25 plots that a man had sold . But the PIO refused to compile information from these 25 registries and asked me to apply and get copies of these 25 registries from him by filing a new application along with the information fee which incidentally would work out to be approx 1000/- Rs.
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Old 11-11-2008, 02:54 AM
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Re: tricky first authority

I think you can file a second appeal once again. If the CIC had remanded the matter back to FAA its their responsibility to take up the matter if further disputes remain. The only problem is that once again you will have to wait for 9-10 months for your turn.
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