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karira

Hearing by 1st Appellate Authority of RTI whether must - Delhi High Court issues Notice to DoPT and UPSC

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karira

Hearing by 1st Appellate Authority of RTI whether must - Delhi High Court issues Notice to DoPT and UPSC

 

We have filed a Writ Petition in the Hon'ble Delhi High Court [ W.P. © 3606/2014 ] raising following issues in relation to the non-hearing of Appellant by the 1st Appellate Authority under RTI :-

 

  1. Most of the 1st Appellate Authorities under RTI are not granting personal hearings to the Appellants despite their specific requests.
  2. 1st Appeals are being decided ex-party at the back of the Appellant by mere considering the reply/comments of the CPIO on the Appeal and even copies of these replies and comments are not provided to the Appellants.
  3. The 1st Appellate Authorities are ignoring large number of CIC decisions wherein it is held that when an Appellant request for hearing, the 1st Appellate Authority must grant hearing.
  4. Deciding of the Appeal without hearing is violation of the principles of natural justice and contrary to the Supreme Court decision in the case of Maneka Gandhi v. Union of India (AIR 1978 SC 597), Canara Bank v. Shri Debasis Das (AIR 2003 SC 2041), Manohar v. State of Maharashtra (Civil Appeal No. 9095 of 2012 decided on 13-12-2012)

Hon'ble Justice Manmohan of Delhi High Court on 29-05-2014 issued Notice to DoPT and UPSC in the aforesaid matter and passed the following order :-

 

 

"
Learned counsel for petitioner states that first appeals under the Right to Information Act, 2005 are being disposed of without giving any

hearing. He submits that the practice being followed by the Appellate

Authorities is in violation of principles of natural justice.

Issue notice."

 

Copy of the High Court order dated 29-05-2014 is attached.

 

 

With kind regards

R.K. Jain

 

Hearing by 1st Appellate Authority must - Delhi High Court issues Notice.docx

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balaraghavan

please update with the case.

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