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Queries cannot be changed at the appeal stage

The Central Information Commission while deciding the appeal held that an applicant cannot change the queries of his RTI application at the appeals stage.

In case the Appellant is interested in getting more information, he is at liberty to file a fresh RTI application to seek the same.  Read more ›

Presence of RTI Applicant not essential while hearing appeal- Rules CIC

presence of RTI Applicant

The First Appellate Authority (FAA) passed the order stating that because the RTI Applicant did not appear, it is assumed that RTI applicant has nothing to say and thus the appeal is disposed of. The RTI applicant complained that the First Appellate Authority sent hearing notices and when he went to his office, he would not facilitate the hearing. The hearing of the first appeal was postponed for 5 times because of which he has to suffer lot of inconvenience and lose all working days. Information Commission noted that this reflect a non ­serious attitude towards the first appeal hearing and amount to violation of statutory provisions which is limiting the period of hearing to 45 days and passed the order that after giving the due notice of hearing, it is the duty of the FAA to consider the written appeal of the appellant even if he is not present on the date of hearing and decide on the basis of the material before him whether the appellant is present or not.

The RTI Act, 2005 provides the first appeal before the designated senior officer of the same Public Authority, with a view to provide a quick hearing and address the problems/grievance, if any, and clarify the doubts of the RTI applicant. Compelling the appellant to take 5 rounds for just first appeal was not proper. The Public Authority has a responsibility under the RTI Act to conclude the hearing. Read more ›

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