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Thread: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified

  1. #1
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    NK Agarwal
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    Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified


    Sequence of events :
    (1) On RTI Application denies info stating that info is not available
    (2) FAA without Application of mind dittos PIO
    (3) State CIC fixes hearing date
    (4) Appellant send request well in time to defer the date of hearing by 7 days as he would be out of station, the office of S-CIC does not put up the request to State CIC for deferment. Copies of request for deferment were also sent by the appellant to PIO & FAA - so they knew about the absence of the appellant.
    (5) During absence of appellant, 4 days prior to date of hearing, a new PIO send a letter to appellant appending some info (that still need to be verified for correctness) stating that on his personal search he could find the info (mind you this is after the appellant exhausted the 1st Appeal and filed the 2nd Appeal and which was due for hearing in the next 3 days).
    (6) On date of hearing, in absence of appellant, the new PIO submitted the copy of his letter to the State CIC and State CIC without going through the case passed an order that as info has been provided, the appeal is disposed.

    I have 2 points :
    (a) Once the FAA has not provided info by certifying non-availability of info and
    (b) post filing of 2nd Appeal and just 4 days before a new PIO sends some info that he could locate it. (All these days the info was available with the Public Authority and proof exist).

    How such actions of PIO and FAA covered under the provisions of RTI Act-2005 - which sections - (1) it defies the very spirit of RTI Act-2005 (2) it is harassment to the info seeker and adds to the loads of appeal at State-CIC.

    Section 5(3) of RTI ACt-2005 enjoins on PIO to render all assistance to info seeker?
    Thanks



  2. Re: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified


    You can go on for arguing merits in the case, but there is no alternative than suffering it for the present.
    File fresh application.
    Try to file complaint against PIO for providing incorrect information to IC that information was provided though it is not relevant, correct and complete and that the decision was against principles of natural justice as decision was conveyed without hearing the appellant.
    If the information is urgent, important approach to HC, if you can afford.
    Many appellants are suffering in the same way, both PIOs and IC are aware and take every thing granted.
    Time and again our experts continue to advise that if information is urgent / important, appeal for personal hearing, as no postponement is generally possible.

  3. Re: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified


    It is important for an Appellant to be present at the Second Appeal hearing, most Information Commission do not grant any adjournments, if one is not able to be present on that day then one needs to speak to one's colleague so that he can present the case under a power of attorney granted specifically for that particular day and purpose.

    Nevertheless, if you have not received the correct information, you can always file a Complaint under section 18 of the RTI Act, before the same Information Commission.
    "If you think in terms of a year, plant a seed; if in terms of ten years, plant trees; if in terms of 100 years, teach the people." -- Confucius

  4. #4
    Posts
    514
    Name:
    NK Agarwal
    Blog Entries
    21
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    15

    Re: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified



    Yes, I do agree. But. is the Commission above law; our courts readily grant frequent adjournments on drop of a hat - on requests by parties.

    - - - Updated - - -

    But, unless we raise an objection, things in Commission would not change?

  5. Re: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified


    Every institution evolves and acquires a culture of its own.

    I agree that, in accordance with the principles of natural justice, genuine cases must be granted adjournments, however, once an Appellant starts seeking adjournments, the PIO and thereafter the First Appellate Authority may also start seeking adjournments, leading to frequent delays, just like Courts and so there are pluses and minuses to every culture.
    "If you think in terms of a year, plant a seed; if in terms of ten years, plant trees; if in terms of 100 years, teach the people." -- Confucius

  6. Re: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified


    Whether courts or forums like CIC, every one has their own whims and fancies to interpret things in their own style and they are protected by law, and except as Appeal, no one can proceed against individual IC or Hon.Judge, even when the blunders are apparent disclosing malafides. This is a system.
    Let us appreciate the other's view also, that every appellant seeks adjournment on one ground or other, (may be genuine), the appeal hearings will further be delayed.
    When appellant can not appear, it should have been proper to depute authorized representative as permitted in the process.
    It is not certain that where appellants appeared all the way from Kanyakumari to New Delhi gets favourable decision through attending personal hearing.
    When the ICs are not having time to read the appeal, they do not have their time to compare what was solicited and what was provided.
    Though IC can not review decision, just file a review petition.
    Structure first RTI exposing incorrect information provided by PIO in a smart way, so that it can be raised while hearing fresh appeal to be filed. It may be either in your name or in the name of friend or relative.

  7. Re: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified


    RTI Act does not empower Information Commission to review its own decision, so it would not help to file a review petition.

    The best way forward is to file a Complaint under section 18 to the Information Commission, and the IC can pass an appropriate order such that you will (indirectly) help you get the correct information.
    "If you think in terms of a year, plant a seed; if in terms of ten years, plant trees; if in terms of 100 years, teach the people." -- Confucius

  8. Re: Post Filing of 2nd Appeal PIO sends info of which correctness is still to be verified


    The following was given as guidance
    Though IC can not review decision, just file a review petition

    The lingering hope is that there is a mistake apparent on the face of decision as it is against principles of natural justice.

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