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26-12-08, 09:49 AM #9Advanced Member
- rajendra bakre
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Re: Hearing by the First Appellate Authority
Please refer the following order of CIC
In this case the FAA took the objection to being made party in second appeal. His counsel, a senior lawyer in supreme court, took the stand exactly as opined by Chanda_s.
The CIC Shri A. N. Tiwari refuted the stand taken by FAA citing various SC judgments.
A very pertinent observation made by CIC (which is valid too) was that the protection of "action in good faith" cannot be given to malafide action.
It is the duty of the FAA to act judiciously. If he/she acts arbitrarily and injudiciously he/she cannot claim protection given to "action in good faith".
When FAA completely ignores the argument by appellant and mechanically endorses the decision of PIO can he /she claims to having acted in "good faith"?
In one of my applications I asked for the certified copies of orders appointing PIOs. The PIO directed me to refer the website. In FA I cited the CIC decision wherein the appointment orders for PIOS were ordered to be disclosed. I also argued that information can be denied only if it falls under exemption category. The FAA completely ignored the cited CIC order and mechanically endorsed the PIOs decision. What should be done with this FAA?
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