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Thread: Appearance before the SIC/AA with an Authority Letter

  1. #11
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    Re: Appearance before the SIC/AA with an Authority Letter


    From Andhra Pradesh:

    https://www.apic.gov.in/QRTRLY/ASR/2006/IV/1077-2006.pdf

    4. After examining the documents available on record, notices were issued to both the parties to appear before the Commission on 21-09-2006. The authorized representative of the appellant and the Registrar/Public Information Officer were present.

    In same case even the PIO was "represented":

    On 07-10-2006, while the appellant was called absent, the standing counsel of S.K University, Anantapur appeared before the Commission, on behalf of the Public Information Officer and stated that the information as sought for by the appellant w



  2. #12
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    Re: Appearance before the SIC/AA with an Authority Letter


    In West Bengal, even the First AA is allowed to be represented:

    https://wbic.gov.in/Recent_Decisions/...20Sk.%20Md.pdf

    Prayer of absence of Shri J. Iqbal, Joint Secretary and Appellate Authority is
    granted. His authorized representative Shri Somendranath Das, Addl. Rent Controller &
    Acting Rent Controller is allowed to represent the respondent.

  3. #13
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    Re: Appearance before the SIC/AA with an Authority Letter


    Again in West Bengal, even a company is allowed to be represented by SIC:

    Appeal/Complaint No. 292(2)-WBIC/RTI/73/06<o></o>
    <o></o>
    <o> </o>
    <o> </o>
    <o>
    </o>

    Present: 1. Sri M.L.Singhi,
    Authorised Representative of Maral Enterprises

    2. Arup Guchait
    State Public Information Officer,

  4. Re: Appearance before the SIC/AA with an Authority Letter



    Good work karira
    RTI India Network Staff Member

  5. Re: Appearance before the SIC/AA with an Authority Letter


    Thanks a lot Karia Sir.

  6. Re: Appearance before the SIC/AA with an Authority Letter


    Quote Originally Posted by karira View Post
    Again in West Bengal, even a company is allowed to be represented by SIC:

    Appeal/Complaint No. 292(2)-WBIC/RTI/73/06<o>></o>>
    <o>></o>>
    <o>> </o>>
    <o>> </o>>
    <o>>
    </o>>

    Present: 1. Sri M.L.Singhi,
    Authorised Representative of Maral Enterprises

    2. Arup Guchait
    State Public Information Officer,
    The part on the WB SIC allowing the company to represent is not in good taste. This would dilute the provisions of the Act.

    I guess, this would have to be explored and see if a protest can be lodged with the appropriate government.

    Manoj

  7. Re: Appearance before the SIC/AA with an Authority Letter


    If state rules are silent on this issue, they should follow CIC procedure in all fairness.

  8. #18
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    Re: Appearance before the SIC/AA with an Authority Letter


    Quote Originally Posted by mpai View Post
    The part on the WB SIC allowing the company to represent is not in good taste. This would dilute the provisions of the Act.

    I guess, this would have to be explored and see if a protest can be lodged with the appropriate government.

    Manoj
    In fact, I am wondering how a Company got to this stage of Second Appeal before SIC in West Bengal ?

    In several other cases, Companies, Secretaries, Samitis, Associations, Office bearers of Unions ...have not been allowed to apply under RTI Act 2005.

  9. #19
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    Re: Appearance before the SIC/AA with an Authority Letter


    I find it extremely difficult to digest this. Firstly the CIC/SICs are not Court of law in the strict sence oflaw nor apart from certain specific provisions of CPC stated in the RTI Act other provisions of CPC applicable for them. Secondly the CIC's (Management)Regulation is unlawful as already posted in my blog in this forum. Even Mr.Nigam, theLegalAdvisor tothe CIC and theCIC himself could not deny any of my observations though they replied me that it is under consideation. Because no one dare to oppose the CIC or WE THE PEOPLE OF INDIA are incapable of resisting such atrocity, we have no choice other than abiding to whatever the CIC dictate in case we wish the CIC to consider the case. Thirdly, the RTI Act does not say anywhere that the Appellant has to be heard or insist any requirement of the Appellant "substantiating" his plea as being done in any Court of law. In India we dohave an SIC who has communicated in his orders that the Appellant has failed to substantiate his request despite he isbeing informed of the hearing andhe has the audacityu to dismiss the Complaint. That is a oong story.The main difference between the RTI Act and all other enactment of this country is that in other cases, the Appellant has to plead, prove and substantiate his claim where as in RTI Act, that responsibility fall fully on the Respondent/PIO. Section 19(5) is unambiguous. Section 19(5) states that - IN ANY APPEAL PROCEEDINGS THE ONUS TO PROVE THAT A DENIAL OF A REQUEST WAS JUSTIFIED SHALL BE ON THE PIO WHO DENIED THE REQUEST" . In that case what is the role of theAppellant in a hearing ? According to my interpretation, an appellant does not have to do anything other than asking the information as defined under 'Information' given in Section 2(f) or 4(1)(d) and sit tight. There is no question of usage of the term "Ex-partee" as the Appellant is not required to be present. Fourthly, in the case of PIO, he has to be given an opportunity for being heard before awarding any penalty or punishment. This provision make it incumbant on him to attend the hearing. Here also, in case the PIO does not attend, the SIC/CIC is at full liberty to consider as given him an opportunity for being heard and proceed with his decision of the case.
    I could not find any provision any where against my above view.

  10. Re: Appearance before the SIC/AA with an Authority Letter


    Quote Originally Posted by colnrkurup View Post
    In India we dohave an SIC who has communicated in his orders that the Appellant has failed to substantiate his request despite he isbeing informed of the hearing andhe has the audacityu to dismiss the Complaint. That is a oong story.

    You have made your point. Pity some of our learned SICs do not seem to go by the rule book.

    Manoj

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