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Thread: Appellate Authority must sign the First Appeal orders....

  1. #1
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    C J Karira
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    Appellate Authority must sign the First Appeal orders....


    In a recent decision, the CIC has ruled that the First Appellate Authority should sign all orders:

    https://cic.gov.in/CIC-Orders/OK-03042008-04.pdf

    During the hearing, the Appellant also pointed out the fact that when he had filed a First Appeal against the PIO’s Decision, he received a reply from the APIO, Railway Board. The Commission takes serious objection to this, as the response to the First Appeal should be signed by only by the Appellate Authority. The Commission held out a warning to the Respondents that this should not occur in future lest the Appellate Authority be held responsible and action taken against him/her.

    Please also see the following thread:

    https://www.rtiindia.org/forum/693-si...ust-reply.html


    Twitter: @cjkarira

  2. #2
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    Col NR Kurup (Retd)
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    Re: Appellate Authority must sign the First Appeal orders....


    When the RTI Act make the PIO or AA responsible, so long as the reply is not signed by the PIO or AA as the case may be, it is as good as not furnished the reply. The PIO or AA can never argue that they have furnished the reply and naturally guilty of not providing the information.I don't think existance of any orders on the contrary.
    By the by when the applicant get the information requested duly signed by a person who is competent to have access to that information and empowered to furnish it, I don't think there is any reason to crib even if he is not the PIO or AA.. The problem arise only when the information is denied.

  3. #3

    Can CPIO work as assisstant to FAA ??


    dear sirs.
    CPIO did not supplied me required information hence I made First appeal.in responce to first appeal CPIO himself replied that your appeal has beem examined and that CPIO's reply was in order hence appeal dismissed.

    can CPIO reply on behalf of FAA ??
    LAGE RAHO RTI KE SAATH

  4. #4
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    C J Karira
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    Re: Appellate Authority must sign the First Appeal orders....



    Khan,

    FAA has to decide the matter himself and also sign the order.
    Please read the full thread above.

    Also read:

    https://www.rtiindia.org/forum/138-cp...formation.html
    Twitter: @cjkarira

  5. Re: Appellate Authority must sign the First Appeal orders....


    You can see the reverse also happening at times. On the cover of the envelope it says from FAA but inside you find that it is communication from PIO. And the information asked for would not have been provided.

  6. Re: Appellate Authority must sign the First Appeal orders....


    Can u provide me specific rule in which showing that F.A.A must sign on First Appeal

  7. Re: Appellate Authority must sign the First Appeal orders....


    But sir in rti act there is not specific mentioned about sign of faa on Ist appeal

    Sent from RTI INDIA Mobile App

  8. Re: Appellate Authority must sign the First Appeal orders....


    As per Sec-19(1) an appeal lies to such officer who is senior in rank to the PIO. This is a delegation by the Act. When a statutory power is delegated to a particular authoirty to decide the appeal, that authority must decide the appeal and in token, sign the decision notice. If that is not done, the FA may pressurise some of his subordinate officers to deal and sign the order. FAA will never look into the FA.
    Last edited by RAVEENA_O; 09-01-14 at 10:57 PM.
    Satyameva Jayate सत्यमेव जयते



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