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

  1. Appearance before the SIC/AA with an Authority Letter


    A person filing an appeal with the SIC / AA is intimated with regard to the date of hearing on the matter. If a person, does not put his appearance, the matter may be proceeded ex-parte. Now the question arises, as to whether, the appellant is under obligation to appear in person or can authorise someone to appear on his behalf. The issue has been addressed in the CIC (Managment) Rules, wherein it has been provided that the appellant can authorise anybody to appear in his place. But since these regulations are not applicable to the SICs and the AAs under the State Governments, a confusion arises.
    The ideal position should be that the appellant should be allowed to authorise anyone, to appear in his behalf and plead his case as everybody has not the knowledge of the provisions of the RTI. Will the members of this great forum will advise me with regard to the correct position in this regard, as an AA in Himachal Pradesh has not allowed a person with authority letter to appear in the appeal proceedings.



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


    I appeared in the appeal hearing at least a dozen times with Authority Letter in West Bengal . It was allowed with certain displeasure. They insisted the applicant's presence in the hearing.--- Abhijeet

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


    Dear Abhijeet,
    I have also appeared in some cases with the Authority Letter, but the question was not raised at that time. Only recently when I appeared before an AA with the Authority letter, he raised this objection. Fortunately, the PIO did not turn up and the matter was postponed for a later date. Now, I am sure that the AA will not allow me to appear with Authority letter unless I have something substantial to support my claim of appearing with Authority letter. Therefore, I am seeking the help of the members of forum, who have tons of knowledge.

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



    This indeed is a very important point and the expert opinions of the members of the forum will certainly add to our knowledge

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


    1. Application: Only by applicant. Represantative not allowed.
    Read first sentence of section 6(1)



    2. Inspection: Only by applicant. Assistant allowed but at discretion by
    PIO. Please see https://www.rtiindia.org/forum/1080-representation.html

    3. Collection of information or obtaining clarification:
    Representative allowed. Please see: https://cic.gov.in/CIC-Orders/Decision_06102006_1.pdf

    4. First Appeal: Nothing clearly mentioned in the Act. Best way is that in the First Appeal, include a sentence: "I request the First Appellate authority to inform me time and date of deciding the appeal since I / Or my representative (whichever is applicable in your case) would like to be present during the appeal."

    5. Second Appeal: Representative is allowed. Numerous cases of the CIC.

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


    Thanks Karia Sir,
    As regards to the CIC, it has been expressly provided in the CIC(Management)Rules that the representative is allowed. The problem is in case of State Information Commissions. If there is something which is helpful in case of SIC, kindly let me know.Thanks

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


    From Assam Information Commission website:

    9. Personal presence of the appellant or complainant:
    (i) The appellant or the complainant, as the case may be , shall be
    informed of the date of hearing at least seven clear days before that
    date.
    (ii) The appellant or the complainant, as the case may be, at his discretion
    be present in person or through his duly authorized representative at
    19
    the time of hearing of the appeal or complaint by the Commission, or
    may opt not to be present.
    (iii) Where the Commission is satisfied that circumstances exist due to
    which the appellant or the complainant is being prevented from
    attending the hearing of the Commission, the Commission may afford
    the appellant or the complainant, as the case may be, another
    opportunity of being heard before a final decision is taken or take any
    other appropriate action as it may deem fit.
    (iv) The appellant or the complainant, if he/she wishes, may seek the
    assistance of any person while presenting his/her case before the
    Commission and the person representing him/her may or may not be a
    legal practitioner.
    (v) If an appellant or complainant at his discretion decides not to be
    present either personally or through his duly authorized representative
    during the hearing of an appeal or complaint before the Commission,
    the Commission may pronounce its decision or order in the matter ex
    parte

    I will go on adding more SIC's as soon as I find and time permits

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


    From Karnataka Information Commission Rules:
    (NOTIFICATION
    No. DPAR 74 RTI 2005 (Part II) dated: 15- 7- 2006)

    (2) The appellant or the complainant, as the case may be, may at his discretion at the time of hearing of the appeal or complaint by the State Information Commission be present in person or through his duty authorized representative or may not be present.

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