Page 4 of 4 FirstFirst 1234
Results 25 to 30 of 30

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

  1. #25
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    38

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


    I wish that some day, the coridoors of power also think the way you thought. Yes. There is an unavoidable requirement of a unified Agency, say " The Information Commission of India ", to control and coordinate all activities of Central Information Commission and all State Information Commissions including their adherence to uniform Rules and procedures.



  2. #26
    Posts
    513
    Name:
    NK Agarwal
    Blog Entries
    21
    Rep Power
    15

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


    As soon as the letter from SIC or CIC is received for comments the applicant can also send a request to bring with him a presenter during the hearing. I find no reason why SICs or CIC should have any objection. After all the RTI Act 2005 aims to bring transparency, accountability, free & fast flow of correct information. Does the Act expressely prohibits help of a presenter to the applicant during the hearing?
    thnks

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


    Quote Originally Posted by nk agarwal View Post
    As soon as the letter from SIC or CIC is received for comments the applicant can also send a request to bring with him a presenter during the hearing. I find no reason why SICs or CIC should have any objection. After all the RTI Act 2005 aims to bring transparency, accountability, free & fast flow of correct information. Does the Act expressely prohibits help of a presenter to the applicant during the hearing?
    thnks
    The Act does not prohibit to take help of a presenter. However, you know that the Bureaucracy, who has been instrumental in hiding the information all these years has been entrusted with the responsibility of bringing the new dawn of transparency. Most of the Information Commissioners are former bureucrats. Almost all the appellate authorities are bureucrats. They try to create hurdles in diseminating the information. Therefore, I had not been allowed to present the case of my friend by the Appellate Authority. In this backgroud, I had started this tag / thread.

  4. #28

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



    Agree with Col. Kurup's Posts at 19 and 22, CICs/SICs are no courts of law ,they are there to decide whether "information" asked for by the appellant should be given to him, as per provisions of RTI Act 2005 ,or not. Period.

    As for Vivek Vashist,I quote Manual of State Information Commission Himachal Pradesh "The applicant is generally invited to present his/her case if he/she desires. If the Commission sees merit in the SPIO's arguements in denying information sought,the appellant shall be given opportunity to present his case in person or through any person appointed in this regard before the Commission takes a final decision '

    Going by Himachal SIC Manual ,It stands to reason that if there is any doubt in SIC's mind about information being justifiably denied ,the Appellant or his/her representative shall be given opportunity to present his/her arguement/point of view , before the SIC takes any decision.

    https://admis.hp.nic.in/sic/RTIHP/MANUAL_OF_SIC.pdf
    Last edited by opsharma; 14-07-08 at 11:52 AM.

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


    Quote Originally Posted by opsharma View Post
    Agree with Col. Kurup's Posts at 19 and 22, CICs/SICs are no courts of law ,they are there to decide whether "information" asked for by the appellant should be given to him, as per provisions of RTI Act 2005 ,or not. Period.

    As for Vivek Vashist,I quote Manual of State Information Commission Himachal Pradesh "The applicant is generally invited to present his/her case if he/she desires. If the Commission sees merit in the SPIO's arguements in denying information sought,the appellant shall be given opportunity to present his case in person or through any person appointed in this regard before the Commission takes a final decision '

    Going by Himachal SIC Manual ,It stands to reason that if there is any doubt in SIC's mind about information being justifiably denied ,the Appellant or his/her representative shall be given opportunity to present his/her arguement/point of view , before the SIC takes any decision.

    https://admis.hp.nic.in/sic/RTIHP/MANUAL_OF_SIC.pdf
    As you are aware that the regulations of the SIC have been framed only two months ago and the same were not there at the time of starting the thread. Thereafter, I had taken the issue with the SIC, who were kind enough to allow the appeal. At present, I think this thread has served the purpose and there hence, if the administrators think it appropriate, the same can be closed.
    Thanks
    Vivek

  6. #30

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


    Thanks Vivek,
    I Found the above quoted Paragraph from Himachal SIC Manual not only very considerate ,civilised and thoughtful but most important from the point of fulfilling fundamental principle of 'natural justice" - Audi Alteram Partem (hear the other side).

    As suggested above,this thread may be closed.

Page 4 of 4 FirstFirst 1234


About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook Apple App Store Google Play for Android