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

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


    Deciding appeal weather the Appellant is required to be compulsorily present during hearing, the following was decided:

    The Central Information Commission Appeal Procedure Rules 2005 are clear that an appellant may be present in person or through his duly authorized representative, or may opt not to be present in appeal before the Commission. Such a principle will apply mutatis mutandis to any appeal before any lower authority under the Right to Information Act.

    See the attached decision.


    Attached Files Attached Files


  2. This decision will certainly benifit lots of Appellants.


  3. Quote Originally Posted by brijeshbhatt View Post
    This decision will certainly benifit lots of Appellants.
    Partly yes. It would be better if the applicant is a resident of Delhi, to make it necessary to attend the CIC Hearings. If out station applicants cannot attend, try to make yourself available either through video conference or at least on the telephone.

    At times, the CIC needs some clarifications from the Applicant to help them take decisions.

    Best wishes

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



    yes the CIC should leave the choice of personal presence to the applicant unless it is necessary it for evidence/argument. The applicant has to travel all the way from his home to delhi just to sit in the first row
    IF THERE IS NO HOPE WE WILL INVENT IT

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


    yes the CIC should leave the choice of personal presence to the applicant unless it is necessary for evidence/argument. The applicant has to travel all the way from his home to delhi just to sit in the first row
    IF THERE IS NO HOPE WE WILL INVENT IT

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


    are these rules application to andhra pradesh do I need to inform the SIC before that I will not be appear personally for hearing
    IF THERE IS NO HOPE WE WILL INVENT IT

  7. #7
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    Col NR Kurup (Retd)
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    Re: appellant presence during 1st or 2nd Appeal not nessessary.


    I think we still fail to grasp the distinquishing featurs of RTI Act and differentiate as to where it varie from all other enactments. Section 19(5) leave no element of doubt. It is only the Information Commisioners and some of us who are unable to grasp the esence cry about it. SIC, Kerala has agreed that attendance of Appellant is not compulsory and he has issued orders supporting my view.

    The Architect of the RTI Act has given us so much loose rope; but we fail to make use of it. There is a basic provision of law "Audi alteram partam" ie., Giving an agrieved party an opportunity for being heard. In the case of PIOs the commissions invariably serve them notices to be present before awarding the penalty. My interpretation is that in cases of decision against the applicant, the Commission has to give an opportunity to the applicant for being heard. But it is not compulsory for the applicant to attend the hearing. It is upto the applicant. As for as the commission is concerned he has no choice when he refuce the information.

    If the applicant grasp these provisions the choice to attend or not to attend the hearing is purely on him. Non-attendance by the applicant for hearing does not matter so long as he has expressed his views in his appeal and he has nothing more to add.

  8. #8
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    Re: appellant presence during 1st or 2nd Appeal not nessessary.


    Quote Originally Posted by wehelp View Post
    are these rules application to andhra pradesh do I need to inform the SIC before that I will not be appear personally for hearing

    Please see the following article in the Guide Segment of this portal:

    https://www.rtiindia.org/guide/centre...l-websites-21/

    Just follow the GO No. 66 issued by the AP Government whose link is available in the above mentioned article.

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