You shall lose if you don’t press your appeal

press your caseAccording to Central Information Commission if you or your respondent authority don’t press for your case either ways before them, the commission shall not be able to find any fruitful purpose in proceeding in the case and the case shall be liable to be dismissed. (If You have questions relating to RTI, kindly post at our forum here!)

The Commission have given due notice, but neither complainant nor the respondents appeared before the Commission to press their cases. In view of this, the Commission felt that

no fruitful purpose would be served by proceeding further in such cases. As such the Commission finds that neither parties are interested to press their cases. As such the Commission is of the considered view that it is a fit case to be dismissed.

You shall lose if you don’t press your appeal

Only recently had the commission passed a strong judgement against First Appellate Authority (FAA) when the 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. CIC recorded that “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”.

Shri K L Goyal has asked information on 5 points to the PIO, Tata Consultancy Services. PIO, vide its response had denied the information by stating that RTI Act is not applicable to them.The case is available here!

File No. CIC/SS/C/2011/00564/KY dated 16.06.2014

This article has been written by taking the CIC decision uploaded over their pubic website, and is only meant for RTI awareness amongst our readers. If you have anything to add to this story, kindly post it over comments below.

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3 comments on “You shall lose if you don’t press your appeal
  1. Neeraj Nim says:

    One more surprising fact has come into light Where both PIO and Appellant are present for hearing. In hearing Information commissioner asks Appellant to read the RTI queries and declares the answers given by PIO in RTI to be right (Correct). Commissioner did not even seemed interested in hearing the Appellant point that how PIO has given wrong information in RTI. Web reference PIO has mentioned does not even contain the requested information. Information Commission pressed appellant to give submission. The Soon submission was also turned down by saying that Appellant could leave.

    • Gaurav gambhir says:

      In many such cases, IC has asked the appellants to leave the room without explaining the case properly. I have also faced similar situation. So effectively double standards are maintained.

  2. Devi Krishan Sharma says:

    The complaint could have been taken up by the commission under Sec. 18 of the Act and could have passed the order directing the PIO in accordance of the information asked instead of the dismissing the complaint for want of press. The action of IC seems quite belligerence as it leads to non transparency in terms of the Act.

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