Length of 2nd Appeal (Format)

[nk agarwal]

Since the ICs do not read the appeals, so what purpose serves in submitting lengthy appeals as per the format?
Should appeals be reduced to tabular form (keeping the same format) and appending connected documents as annexures. This would reduce the appelas to just 2 pages + annexures.

This will help the appellants as well as in pointing the matter during hearing without searching the para and pages of the appeal ( many appellants are not conversant with legal vocbulary etc.). thanks

[dr.s.malhotra]

Sponsorer

Legal pleadings should be precise [ not exactly in terms of short or long ] . Precision determines length / volume of the pleadings but every point need to be mentioned , otherwise it will not be allowed in writ petition , if introduced there .

Your view of tabular form is good especially for less conversant with legal jargon .

[nk agarwal]

Legal pleadings should be precise [ not exactly in terms of short or long ] . Precision determines length / volume of the pleadings but every point need to be mentioned , otherwise it will not be allowed in writ petition , if introduced there .

Your view of tabular form is good especially for less conversant with legal jargon .

Yes precision and accuracy is good but, the disposal process of appeals in CIC is very different than what it is in courts, where para wise comments and counters are sublitted and discussed during pleadings.
The appellants hardly get opportunities to raise legal points or points/provisions of the RTI Act-2005, in spite of their documenting the same elaborately, precisely in their 2nd Appeals. thanks

[RAVEENA_O]

At many times, the appeals do not have the basic information such as what information was sought, the details of CPIO, AA, their decisions and the grounds for rejection/denial etc. The format is prescribed in order to have the minimum information to decide the matter without necessity to seek any clarification from the Appellant. The format will also clearly indicate whether CPIO responded, whether FA preferred and FAA decided the matter etc. Ultimately, the format will give all necessary inputs for the IC to decide the matter. The Brief Facts and Grounds for Appeal can be made precise and bare minimum.

[karira]

As someone who has studied the procedure adopted in CIC and SIC for disposing appeals and complaints since 2006, let me throw some light as to what really happens:

1. After appeal reaches the concerned registry, a junior person goes through the contents to see whether everything is as per the Appeal procedure Rules (if any) and all documents are attached. These junior persons have no clue about the RTI Act or its nuances. They just follow some unknown policy and as per their own whims and fancies.

2. If this junior person has any doubt he consults the concerned dealing officer (ie Dpty Registrar)

3. The Dpty Registrar also has his own whims and fancies and a lot depends on his mood, or the time of the day or how busy he is, etc etc.

4. Once it is approved, it is registered and a registration number allotted.

5. Then the file goes into hibernation mode till your turn comes

6. When the turn comes, some "intern" or "trainee", who also has no clue about the Act, goes through the entire file and prepares a one page summary note and attaches it to the top of the file.
This person also staples different colour tags to various parts of the files - indicating locations of RTI application, PIOs reply, First appeal, etc. etc.

7. You can well understand what some person who is 20 or 21 years old (if not younger) will understand and appreciate about your subject matter and be able to grasp the entire issue.

8. The file goes to the IC who authorises a notice of hearing to be issued. Some ICs have delegated this responsibility to the Registrar. A Dpty Registrar will never question or advise the IC - even if the IC is blatantly wrong.

9. A notice of hearing is issued. Sometimes, responses of PIO are called for , etc. If you are lucky, then those will go into the correct file - or will just disappear. Even your counters might not go into the correct file.

10. On day of the hearing the file is put up before the Ic and hearing starts.

No one in the Commission (including the IC) will ever read:

- the index
- the chronological list of events (haven't you seen IC starting by asking you "when you filed RTI application" ?)
- the grounds (that is why you get to see illogical orders and many people end up with heartburn)
- the prayers (that is why not all your prayers be addressed)

You have to prepare yourself to say all that in 5 minutes flat.
If prayers are important to you, draw the attention of the IC to page XXX of your appeal and item nr. yyy of your prayers.

Most Ics do not even read the orders before they sign - that is why you find so many typos and other silly mistakes.

I do not know of any Commission (please correct me if I am wrong) in India where Officers and Staff have been trained in RTI Act or in the procedures to be adopted for handling appeals or the systems and procedures of the commission.

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It is best to make as detailed an appeal as possible because:

a) They take 2 years to come up in some Commissions. By that time you will even forget why you filed a RTI in the first place. If your appeal is detailed, just one reading will help you recall all issues.

b) The more detailed the appeal, the more forceful you can be during the hearing by drawing attention of ICs to specific pages/contents

c) If you are not satisfied with the order of the IC, then having a detailed appeal will help you in Court, if you plan to go all the way.