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Thread: A A does'nt make up on time

  1. A A does'nt make up on time


    I had made an appeal against PIO and accordingly I was called for hearing at 11 am. When I went for hearing at 10.45 am appelant authority had not come. The secretary of AA told me that boss has not yet come.

    I waited till 1 pm when finally AA had arrived, but I was in waiting List No.3 there were already 3 person who were give appointment prior to me at 10 am,10.15 am and 10.45 am. I was being called at 3 pm for hearing.

    I was suppose to take half day Leave from officer but I finally ended with full day leave.

    What is solution for these type of problem.



  2. Re: A A does'nt make up on time


    nile0611 ji,

    I think you can ask for compensation for wast of your time.

    You ask in writing?

    rakatkam.

  3. Re: A A does'nt make up on time


    In RTI Act, there is no clause for compensation. Only Penalties can be levied for not supplying information.
    RTI India Network Staff Member

  4. #4
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    Col NR Kurup (Retd)
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    Re: A A does'nt make up on time



    This is India. I don't think anything could be done. The Commission being a quasi-judicial forum their functions are akin to that of judiciary. What happens in the Courts ? They do not give any time; but only the date. One land up at 11 AM and wait for the case to be called. The court may call at 11 AM or at 4.30 PM. Nothing could be done.

  5. #5
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    C J Karira
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    Re: A A does'nt make up on time


    nile0611,

    1. I do not know of any instance when an applicant has been compensated when the AA did not come on time for the hearing.

    2. But, there are instances, when the CIC has compensated and also hinted at reimbursement of costs (but sadly applicant did not demand) to the applicant because the PIO/AA did not turn up for Second Appeal hearing or because the PIO did not come sufficiently prepared for the hearing. Please see:

    http://www.rtiindia.org/forum/2827-p...l-hearing.html

    3. http://cic.gov.in/CIC-Orders/Decision_24122007_04.pdf

    We cannot accept the excuse – for it is no more than that – of the 1st Appellate Authority in explaining the delay in disposal of the case. Although, no penalty lies in such cases u/s 20 (1) Shri Alok Kumar Director, DOPT & Appellate Authority is cautioned that in such cases should the appellant demand costs, these will readily be provided u/s 19 (8) (b). In the present case no costs have been demanded, therefore, we place on record only our adverse notice of this delay which we deem in violation of Section 19 (6) of the RTI Act.

    4. http://cic.gov.in/CIC-Orders/Decision_31102006_2.pdf

    (The PIO did not give the details of the AA and the applicant had to run
    around to locate the AA himself....so both PIO and the AA asked to share compensation)

    The appellant shall be paid a sum of Rs.3,000/- by the public authority as compensation for the harassment and detriment that he has suffered. As the Appellate Authority and the CPIO should bear the full responsibility for the detriment suffered by the appellant due to their acts of omission and commission, it will be open to the public
    authority to recover this amount from the Appellate Authority and the CPIO in the following manner:

    5. The DoPT has also issued a circular highlighting the important role played by the First Appeal Authority under the RTI Act. It is attached for reference.

  6. #6
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    Re: A A does'nt make up on time


    In ' nile0611's ' case his doubt is that he is called at 11 AM but heard at 3 PM. The AA was not absent. Only his Secretary has verbally told him at 10-45 that the boss is late. This does not mean that he was absent. Can anything be done in such case ?

  7. Re: A A does'nt make up on time


    sirs,

    nile 0611 was given a time of 11 am on that perticular day. I think appallet authority should explan his late turn. The applicant had the authority to ask for the reasons for late.

    If in general we think, I think we can try asking compensation for wasting the time of applicant.

    rakatkam.

  8. #8
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    Re: A A does'nt make up on time


    Dear rakatkam,
    Firstly, sorry for addressing you in your e-mail username. You are right if we are in "Utopia" and not in "Cucumber City". Are we in a position to do anything when the Trains, Planes and Buses run late wasting hundreds of man-hours of cityzens ? Are we in any position to do anything when even the Supreme Court adjourn the cases due to no fault of the appellant ? The list is too long. These are now become a fait accompli. Of cource these can be corrected. But the present scenario does not have any scope. It need change in lock stock and barrel

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