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Thread: TA/DA for 2nd appeal

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    TA/DA for 2nd appeal


    Is there any provision for TA/DA for attending second appeals perticularly when the appellant stays far away from SIC/CIC Hqrs.If otherwise it is a very costly affair?


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    Re: TA/DA for 2nd appeal


    Sorry!! No. Attendance of appellant is not compulsory. When some one attend a hearing it is for his own purpose of getting the information sought for. When you need an information why should the government pay? However when you are summoned as a witness for helping the government, I believe, you are entitled for TA/DA

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    Re: TA/DA for 2nd appeal


    True attendence is not compulsory but when he does not represent the decision most likely be one sided for PIO/FAA.In fact one appeals when one's right got denied by PIO/FAA.Normally PIO/FAA denies under section as
    1.Application or appeal not given any response or
    2.Use of Cl of exception Sec.8 wrongly interpreted suiting their purpose of not giving i.e to save the offenders if any from punisment.
    3 Genuine cause too.

    When appeal order in favour of appellant,true PIO/FAA was wrong,then why the appellant shall bear the cost ,huge cost of travel at the fault of PIO/FAA ,the employess of Public Authority,why not public authority is directed to pay TA/DA to appellant when he succeeds.There is provision of penalty for erring PIO why not a provision for compensation?Can SIC/CIC direct compensation in terms of cost to appellant for his travels/lodging and incidentals.This will definitely give an indication to take decision judiciously by PIO/FAA perticularly in situation 1 and 2 as above.Or else they will all show path of 2nd Appeal to the appelants,SIC/CICs are ultimately flooded with appilications as of now.Appellants to pay or spend a ransom for his informations of course genuine .May be some are public interest litigation cases .Why not compensation made at least for them

    Should this matter be brought before law commission or any writ be filed before Apex court for this by RTI India.Org.Expenditure can be pooled on from volunteers including myself!
    Last edited by TSBehera; 18-04-08 at 06:38 PM.

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    Re: TA/DA for 2nd appeal



    IC can order compensation to information seeker, if information is wrongly or malafidely denied. In relief column of second appeal, we should include prayer for reimbursement of expenses and loss sustained due to wrongful denial or delay of information.
    It takes each of us to make difference for all of us.

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    Re: TA/DA for 2nd appeal


    Quote Originally Posted by jps50 View Post
    IC can order compensation to information seeker, if information is wrongly or malafidely denied. In relief column of second appeal, we should include prayer for reimbursement of expenses and loss sustained due to wrongful denial or delay of information.
    Along with that, please also outline clearly why you should be compensated and break of of any costs/expenses involved so as to arrive at the figure you ask for. This will strengthen your case further.

    As far as CIC is concerned, following are cases where compensation has been awarded to the appellant:

    1. Appellant turned up for hearing but respondent (PIO/AA) did not
    2. PIO/AA did not come prepared for the hearing
    3. Appellant could justify that denial of information led to his wasting
    time, money and efforts
    4. Appellant was harassed and victimised because he submitted a RTI application
    5. PIO did not inform AA details and appellant could not file First Appeal
    6. PIO/AA ask for one more hearing of CIC

    In some of the above cases either TA has been given (money for 2nd class AC) or respondents have been asked to provide the appellant with a valid ticket.

    In one case (I think it was Vaishnavi v/s IIM Bangalore), because the hearing was held 3 times since IIM was not prepared and wanted to present additional evidence and arguments, Vaishnavi was awarded to and fro air fare. Vaishnavi is physically challenged.
    Twitter: @cjkarira

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    Re: TA/DA for 2nd appeal


    There is no harm asking for "avoidable expenditure solely attributable to PIO/AA",since it has precedence. And ,preferable and comparitively less taxing to prove are reasons 3 and 4 of Karira's comments/post. You have nothing to loose,everything to gain. I will definitely suggest go for it.



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