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Thread: appellant presence during 1st or 2nd Appeal not nessessary.

  1. #17
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    Col NR Kurup (Retd)
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    Re: appellant presence during 1st or 2nd Appeal not nessessary.


    What is the way out when the FAA does not give the appellant an opportunity for being heard despite specific request and dispose the first appeal replying that 'There is nothing more to add to the reply furnished by the PIO' ? In one of my second appeal I had requestted the SIC to remand the appeal to the FAA; but unfotunately the SIC has not woken up despite lapse of 7 months.



  2. #18
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    C J Karira
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    Re: appellant presence during 1st or 2nd Appeal not nessessary.


    Quote Originally Posted by colnrkurup View Post
    What is the way out when the FAA does not give the appellant an opportunity for being heard despite specific request and dispose the first appeal replying that 'There is nothing more to add to the reply furnished by the PIO' ? In one of my second appeal I had requestted the SIC to remand the appeal to the FAA; but unfotunately the SIC has not woken up despite lapse of 7 months.
    There are some decisions of the CIC wherein if the FAA has given such orders like "there is nothing................", then the CIC has remanded the matter back to the FAA.

  3. #19
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    Col NR Kurup (Retd)
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    Re: appellant presence during 1st or 2nd Appeal not nessessary.


    I appreciate such rational decision. Is it possible to get details of such a judgement ?

  4. #20
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    Re: appellant presence during 1st or 2nd Appeal not nessessary.



    The pity is that more than 7 second appeals to the SIC, Kerala where I had specifically rquested him at least to direct the FAA to hear me are pending since more than 6 months with no response other than an acknowlegement with reference of case number. Now the Kerala SIC has one more member (total 5 including the SIC) but it did not make any difference in disposal of cases.

  5. Re: appellant presence during 1st or 2nd Appeal not nessessary.


    Dear Coln,

    CIC / SIC are the backbone of the RTI Act. I am happy that despite the corrupt system, and difficult CIC / SIC the RTI Act has created waves in our country. The Act in itself is so simple and powerful.

    But I feel that if we can somehow manage to persuade /pressurize or do something to get eminent, intellectual, honest persons to this posts, I can see a great future for this Act and our country.

    I am sure the day is not far away.
    "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: appellant presence during 1st or 2nd Appeal not nessessary.


    Quote Originally Posted by karira View Post
    If you include the following, in the "prayer" or "relief sought", in your First Appeal:

    "I want to be personally present during the First Appeal hearing and personally hear the spoken orders, if any AND get a copy of the written orders. Therefore kindly inform me the time, date and venue of the First Appeal hearing with reasonable advance notice".
    I have been doing that in all the applications I file. But I am a fresher with regard to RTI and have filed very few applications and there never occurred a case where I had to approach th FAA. Will post the details if such a situation arises.

  7. #23
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    Name:
    Devi Reddy (Dr) Paliwal
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    Re: appellant presence during 1st or 2nd Appeal not nessessary.


    The appellate authority has no right to demand your appearance in person! Sec 6(2) clearly says that no information other than contact details of the applicant shall be asked.

    I filed a RTI on behalf of my wife to avoid victimisation. The authorities were desperate to find out the real appealant so they wrote a letter to meet FAA in person in response to my 1st appeal.

    I refused to meet in person citing Government of India, Ministry of Personnel, Public Grievances and Pensions
    (Department of Personnel and Training) Notification F.No. 1/4/2005-IR dated 28 Oct 2005, and

    Section 7(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
    Commission be present in person or through his duly authorised
    representative or may opt not to be present.

    So, the presence is very vital when you have filed the appeal however when you are avoiding victimisation better to relax & send your representative.

  8. #24

    Re: appellant presence during 1st or 2nd Appeal not nessessary.


    First AA & info commissions have no power to compel the appellant to be present in hearing. Moreover , the appellant is never heard by the biased ICs even if he is present in hearing . If IC is not biased ; he will automatically give good decision in his favor . Hence mostly the appellants may avoid their presence in hearing . Appellant must write all the facts in appeal itself. I attended many hearings; but the ICs always listened to the PIOs. Appellants are seldom respected by the Bureucrate ICs. PIO & the appellants come from 500 kms distance to attend the hearing ; but the IC wants to finish the case just within 5 minutes.

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