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Thread: I have been called for hearing what to do..?

  1. I have been called for hearing what to do..?


    My bldg which is constructed some 1 year back I drafted an application stating "I want to inspect the stilt parking area, fire refugee area and basement of the Bldg, As per Section 2(j)(i)"

    But unfortunately Municipal Corporation refused to give information stating that the information does not falls under purview of RTI.

    I have made First appeal against the same, I have been asked to attend hearing.

    Now I have never attended any hearing, I don't know what to do?

    I request you to please guide the procedure and some do's and dont's to be followed during hearing.



  2. #2
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    C J Karira
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    Re: I have been called for hearing what to do..?


    Nile,

    No need to panic. I am sure that the PIO and AA know less than you.
    Just do the following:

    1. Read you original application and the appeal several times.
    2. Read the relevant sections of the ACT which you have used
    or quoted for making the appeal
    3. Go decently dressed. (When I want to impress a babu I wear my best
    suit or Jacket...does'nt matter if its 40C outside).
    4. Display full confidence.
    5. Use positive body language...sit upright, don't cross your hands in front
    of you, use hand actions while you are speaking for more impact, etc..)
    6. Carry a thick file with you (doesn't matter if it contains junk).
    7. Carry a book on RTI with you (the thicker the better). Some pages on
    the book must be flagged (to make it look that you have done lot of
    homework). No need to even buy the book, ask someone to loan to you
    or still better "rent" one from a bookshop for a few hours.
    8. When you enter the room and after you sit down, open your
    bag/briefcase, take out the thick file and the RTI book and place it
    prominently in front of you in full visibility of everyone around.
    9. Address everyone as Sir, even if it is a peon speaking to you.
    In Hindi ,call everyone saheb.
    10. Always smile and never get impatient or sound angry.
    11. Do not speak more than necessary..be to the point and stick to
    the subject on hand.
    12. Pray and hope that the PIO, against whom you appealed, and the AA
    before whom you have to appear, are not members of this forum.
    Otherwise plan falls flat and above suggestions have no value ! (He He
    He He He He LOL)

  3. Re: I have been called for hearing what to do..?


    Quote Originally Posted by karira View Post
    Nile,

    No need to panic. I am sure that the PIO and AA know less than you.
    Nile, Karira is right. They not only know less, but in all probabilities, they would not have read your application and appeal properly and understood the grounds of your appeal.

    Therefore go through your case several times and be ready to putforth all the points of your application/appeal verbally before the AA once again. Don't ever assume that they would have read all these points which are already there in your appeal. Simply repeat them again.

  4. Re: I have been called for hearing what to do..?



    If you are still not convinced that you will do just great, have someone familiar with RTI read your application and the response from PIO. If PIO has given sections of RTI, under which he has rejected your application, look up those sections and find some decisions of CIC, that are in your favour.

  5. Re: I have been called for hearing what to do..?


    That a whole lot of information about how to handle an appeal Karira.

    Nile please go through this judgment of CIC
    http://www.google.com/url?sa=t&ct=re...RasgsZAZ51OX4A

    we find that there is in fact no information sought but only inspection presumably
    u/s 2 (j), which includes inspection of work. This will have to be read with the
    wording of the Section as a whole, which allows access to information held by or
    under the control of a public authority. In this case what has been sought is
    inspection of work to be executed, and not work already completed and therefore
    capable of being ‘held’ or ‘controlled’. The reference in the section is clearly
    towards physically accessible work entailing expenses in execution, transparency
    in inspection of which is in keeping with the principle of accountability. Read with
    Section 8(1) (j) of the Act, which protects privacy of service files, we find that the
    action sought is not ‘information’ as defined in the RTI Act, 2005.

  6. #6
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    C J Karira
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    Re: I have been called for hearing what to do..?


    nile0611,

    I read Satish's suggestion and also thought about your presence during the appeal. I have one more suggestion....if you know a "friendly" IAS officer or anyone else well versed with the RTI Act, please request them to have a "mock" session with you. This will give you more confidence.
    I would have loved to be the AA for you (at least once in my lifetime I can behave as a important babu !) but I am in Hyderabad and really do not know where you are.

  7. Re: I have been called for hearing what to do..?


    Quote Originally Posted by karira View Post
    Nile,

    11. Do not speak more than necessary..be to the point and stick to
    the subject on hand.
    Just the above is enought. Most AA are well educated blokes. Dont try to fool them. They must be seeing more than 4000 new people per annum and being short of time, would like people who talk to the point ;-)

    Manoj

  8. Re: I have been called for hearing what to do..?


    Quote Originally Posted by mpai View Post
    Just the above is enought. Most AA are well educated blokes. Dont try to fool them. They must be seeing more than 4000 new people per annum and being short of time, would like people who talk to the point ;-)

    Manoj
    very true.

    in order to impress the officer and to overly emphasise one's point, we tend to overdo things and end up losing where we should normally have won hands down.

    further, assuming, as Mr.karira and Mr.Ganpat do, that the PIOs and AAs know less than us is not only dangerous but also haughty. the PIOs and AAs are educated, qualified and know their job. i would request all members not to get misled by such potentially harmful assumptions.

    to say that we know better than somebody else is in itself not very correct. knowledge should give one humility. an old sanskrit saying says thus:

    Vidya dadaathi vinayam
    vinayadyathi pathratham.

    it means knowledge gives a person humility and humility gives a person character.

    if someone has knowledge it will shine through whatever he is wearing, whether simple clothes or silken finesse of the best apparel in the world. the reverse is also true. an armani cannot impart any greater knowledge to the wearer than what he already has.

    being an officer and having conducted innumerable quasi judicial hearings over the years, i can tell you for sure, what matters in any personal hearing is the relavance of the point raised and the question of law involved. every other thing takes a back seat.

    i would completely agree with all the advices given by mr.karira except those listed at nos. 6,7,8 and 9 and ofcourse his first sentence. i feel they are superfluous and not necessary. it is what one says and knowledge one has that impresse the officer. One may still do so if it brings in a false sense of comfort to one.

    keyurani na bhushayanthi purusham; haara na chandrojwala
    na snaanam na vilepanam na kusumam; yaalamkrithamudhaja
    vanyekaasamalam karothi purusham ya samskrutha dharyathe
    ksheeyanthe khalu bhooshanani sathatham; vakbhushanam bhushanam.

    the above sanskrit verse carries the gist of the philosophy which one would be better off implementing in one's life, whether an officer or not.

    for the first time in my life though, after subscribing to this website, i feel as if i'm a different entity called O-F-F-I-C-E-R. some posts in this forum board are really discriminatory and downright rude. its not an offence to be an officer. i have chosen this career for what i felt was good. just because people have had bad experiences with government doesnt mean one should desist the officers as a whole. as an officer i have had bad experiences with some people but that didnt make me get cynical or pass comments on them. i tried to get more empathetic and identified myself with them. i'm a part of the general public once out of my office and share all the problems with the millions of citizens of this great country of mine. why some people are trying to create an artificial difference 'govt servants and the rest' beats me. we are all part of the same society working for a purpose.

    the idea should be to assimilate everybody and synergise all efforts for a common goal, which in this case is empowering the citizens with information. that is how great things are achieved; by being all inclusive and not exclusive. thanks for bearing with me and my appeal.

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