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

  1. 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.



  2. #18
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    C J Karira
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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.

  3. #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.

  4. 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

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


    Although it is true that the onus of proving that denial of request was justified is on the PIO. But if the appellant does not appear, then it may be easier for PIO to plead his case. It will be better if the appellant is present and argue every lame excuse of the PIO. Afterall, most of the Appellate Authorities and Information Commissioners are bureaucrats and they will like the arguments of PIO more than the appellant. In such circumstances, the appellant should defend his case.

  6. #22
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    Re: Appearance before the SIC/AA with an Authority Letter


    Generally,in RTI cases, there is hardly anything for an appellant to defend as he is not defending anything. All that is required to see is whether the information asked for fall under the defenition of "information" given in Section 2(f) and 4(1)(d), it is held by the PA, does not fall under the exemptions, does not disproportionately divert the resources of the PA or would not be detrimental to the safty or preservation of the record in question and the appellant has paid all the prescribed fees sought for. Yes, I agree that it is always better if the apellant attend the hearing well equipped. But it is unlawful to insist that the appellant should prosecute and substantiate his claim in person even after the appellant has made the request with full justification, submitted his counter in his first appeal and further grounds submitted in second appeal. It will be futile to attend the hearing unless one is capable of presenting it better than the PIO/AA or their highly competent representive or even a legalexpert whereas appellant's request and appeals can be more effective.

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


    Quote Originally Posted by colnrkurup View Post
    It will be futile to attend the hearing unless one is capable of presenting it better than the PIO/AA or their highly competent representive or even a legalexpert whereas appellant's request and appeals can be more effective.
    Yes sir. It is because of this reason, I am searching for a provision to appear with an Authority Letter in the context of Himachal Pradesh.

  8. #24
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    Re: Appearance before the SIC/AA with an Authority Letter


    Why different SIC's have different provisions on the isssue of attending the appeal with an assistant or through authorised representative, all SIC's are the product of RTI Act 2005 which is a Central Act.
    thnks

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