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Thread: Opinion needed

  1. #1
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    Name:
    Ramesh Chandra Bhardwaj
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    Opinion needed


    45 days is the maximum period given to the appellate authority under the provisions of the RTI Act to deliver judgement. What if the respondents do not submit reply to the appeal in writing with a copy for the appellant and the appellate authority delivers judgement..in favour of the respondents? In this case, which actually happened in my case, law of Equality and law of Opportunity, both Fundamental rights, have been infringed. What do the advocates have to say?



  2. #2
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    Name:
    C J Karira
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    Re: Life And Liberty


    Quote Originally Posted by rcbhardwaj View Post
    45 days is the maximum period given to the appellate authority under the provisions of the RTI Act to deliver judgement. What if the respondents do not submit reply to the appeal in writing with a copy for the appellant and the appellate authority delivers judgement..in favour of the respondents? In this case, which actually happened in my case, law of Equality and law of Opportunity, both Fundamental rights, have been infringed. What do the advocates have to say?
    The First Appellate Authority must pass either "spoken" or "written" orders.
    If he does not provide you or send you with a copy of those orders (within 45 days + reasonable time for postal delays) AND you also do not hear from the PIO within a reasonable time after 45 days have passed, then you can safely assume that the Appellate Authority has not fulfilled his role/function as a Quasi-Judicial Authority.

    Not only that - the First Appellate Authority has to go by :

    [4. If an appellate authority comes to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the CPIO, he may either (i) pass an order directing the CPIO to give such information to the appellant, or (ii) he himself may give information to the appellent while diposing off the appeal. in the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would however, be better if the appellate authority choose the second course of action and he himself furnish the information along with the order passed by him in the matter].

    If it is a PA under the Centre, send him a copy of the DoPT circular attached to this post:

    http://www.rtiindia.org/forum/2987-i...html#post13681

    (especially the points 38, 39, 40 & 41 in the above circular)



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