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Dinesh(NeverGiveUp)

First Appeal disposed by FAA without sharing information due to absence from Appellant.

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Dinesh(NeverGiveUp)

Hi All,

 

Thanks for checking this post/query.

 

I have filed first appeal application to concerned authority however same has been disposed by FAA without sharing information stating reason that appellant remain absent at the time of hearing. Please note that I have submitted written say in support of an appeal explaining detailed grounds for appeal, relief sought etc. along with supporting SIC/CIC decisions made in similar cases but still FAA has given one sided order.

 

I want to ask experts if is it mandatory for appellant to remain present and submitting written say is insufficient at the time of hearing? Also I wish to know if I can file first appeal to concerned FAA once again instead of going for second appeal to SIC as it will take lot of time for SIC to set up a hearing due to long list of pending matters.

 

I would appreciate your expert opinion on this matter.

 

Many Thanks!

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rtiindia

Hi Dinesh(NeverGiveUp) and welcome to RTI INDIA- Right to Information! This is an introductory reply and members of our forum shall reply to your specific query shortly.

 

You have just made a post at our community which is dedicated to helping you in matters of Right to Information. If you are new to RTI, you should read this article here What is Right to Information? - Guide. And if you are interested in reading the whole RTI Act please go to the following link: Right to Information Act 2005 [RTI Wiki]

 

PLEASE NOTE: We may not be able to answer your query conclusively, if it is not related to RTI, like finding a mobile number, vehicle registration number etc. These are not related to RTI.

 

Dinesh(NeverGiveUp) here are some more links for you to explore about #RTI:

 

1. Download RTI Forms: http://www.rtiindia.org/forum/docs/cat/11-sample-rti-forms/

2. Read here about How to Become RTI Activist

3. Read here RTI Online- Step by Step Guide to File RTI Online

4. Here you shall find various Centre / State RTI Rules and Fees: http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/

5. Read here about various case laws of RTI: http://www.rtiindia.org/law/

 

Thank You!

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RAVEENA_O

It is not mandatory for an appellant to appear for First Appeal hearing. However, it is in compliance of the principles of natural justice that the FAA give a notice of hearing the appellant. The FAA erred in rejecting the appeal merely on the ground that the applicant was not present.

 

The next stage as per the provisions of RTI Act is second appeal u/s 19(3) before the IC, within 90 days from the date of decision of FAA.

 

Since the FAA malafidely rejected the first appeal, without considering the facts and grounds as well as the merit of the appeal, you may file a fresh RTI Application before the same PIO and seek the following information:

 

[1] certified copy of Rules framed by Appropriate Government under section-27 of RTI Act,2005, whereby an Appellant under section - 19(1) needs to be called for hearing or heard personally by Appellate Authority for deciding the Appeal under section 19(1) of RTI Act, 2005.

 

[2] certified copy of Rules framed by Competent Authority under section-28 of RTI Act,2005, whereby an Appellant under section - 19(1) needs to be called for hearing or heard personally by Appellate Authority for deciding the Appeal under section 19(1) of RTI Act, 2005.

 

[3] Certified copy of Rules framed under Section-27 and/or 28 of RTI Act, 2005, based on which Sh. ........................ (your name and address) had been called for hearing by Appellate Authority in Appeal dated ............... preferred by him against PIO's order no. ............... dt..............

 

[4] Certified copy of the say/remarks submitted or submissions made by PIO before First Appellate Authority in compliance of Section-19(5) of RTI Act, 2005, with respect to First Appeal dated ................arising out RTI Application dated ...................... preferred by Sh. ........... (your name and address)

 

[5] certified copy of the Note sheet indicating notings by various officials and decision of Appellate Authority on file, including reasons recorded for not considering & adjudicating the written appeal submitted by appellant including its facts and grounds in respect of First Appeal dated ................arising out RTI Application dated ...................... preferred by Sh. ........... (your name and address)

 

There there is no provision for submitting review application before FAA, you may try giving an application citing following grounds:

I have submitted first appeal u/s 19(1) giving facts and grounds. You have called me for hearing on first appeal on .............. without forwarding me a copy of the say submitted by your PIO. When a hearing is fixed suo moto at your discretion, it is mandatory to afford me opportunity to disprove the counter contention raised by the PIO, which is not possible unless you give a copy of PIO's say to me.

 

There is no provision under the RTI Act or State RTI Rules to call an appellant u/s 19(1) for hearing as a condition predecent for deciding appeal by appellate authority. Even then, you have malafidely and without endorsing copy of PIO's say called appellant for hearing only with a view to harass the appellant and to distort the process laid down under Section-19 of the Act. Since there is no provision under RTI Act to call the appellant for hearing, rejection of the appeal for the very reason that the appellant was not present for the hearing is illegal, malafide and contracy to the provisions of RTI Act. You have not stated any legally valid reason for rejection of my appeal dated ........... Your decision dated ............. is therefore, illegal and malafide and not consistent with the provisions of RTI Act. You may therefore decide my appeal dated ............. immediately with a reasoned order and issue directions to the PIO to supply the information free of cost.

 

(This should be simultaneously submitted with fresh RTI Application seeking above 5 count of information).

 

ALSO PLEASE REFER: IS IT MANDATORY TO APPEAR FOR HEARING BY FIRST APPELLATE AUTHORITY?

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Dinesh(NeverGiveUp)

Many Thanks Raveena Mam. Truly Appreciated!

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Prasad GLN

What you wish to have and what are your priorities ?

If information is your priority, just file addendum to appeal stating that FAA can review his own decision and request him to decide on facts appearing on record.

But it is just a courtesy either to inform presence or absence as FAA might have alotted time and in your busy schedule if you are waiting for somebody giving some time, and that person who is in need not turn up at appointed schedule.

Even at CIC such things happened in the past and it is just a matter of courtesy to file written submissions and informing about not coming for hearing.

If information is priority, applicant must focus on the issue to get it as speedily as possible without further expenditure. Those who await for hearing of second appeal in certain states and with some ICs know the problem.

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Dinesh(NeverGiveUp)

Thanks Prasad Sir for checking this post. My priority is obtaining requested information ASAP.

 

I wish to share that, I do communicated in well advance in written to FAA that since I have to attend honorable Court for one of legal matters on same date in another city which is around 350 KM far from venue of hearing, I will not be able to attend hearing at specified date/time. That is a reason I have submitted written say with detailed grounds, relief sought etc. which can be used as a base at the time of hearing. Eventually it did not happened. In an order issued by FAA there is smell of perverse nature where he disposed of the matter in favor of PIO stating that appellant remain absent at the time of hearing.

 

Also, like Raveena mam said above there is no detail written say from concerned PIO explaining reason for refusal of information requested.

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RAVEENA_O
What you wish to have and what are your priorities ?

If information is your priority, just file addendum to appeal stating that FAA can review his own decision and request him to decide on facts appearing on record.

But it is just a courtesy either to inform presence or absence as FAA might have alotted time and in your busy schedule if you are waiting for somebody giving some time, and that person who is in need not turn up at appointed schedule.

Even at CIC such things happened in the past and it is just a matter of courtesy to file written submissions and informing about not coming for hearing.

If information is priority, applicant must focus on the issue to get it as speedily as possible without further expenditure. Those who await for hearing of second appeal in certain states and with some ICs know the problem.

 

Will you please post a draft Addendum which will help in getting information?

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Dinesh(NeverGiveUp)
Will you please post a draft Addendum which will help in getting information?

 

 

Yes Prasad Sir, if you already have one please do share the same for the benefit of everyone.

 

Many thanks in advance !

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Prasad GLN

I have used the information provided by Hon.Karira, in which the then FAA of Central Information given in his capacity as First Appellate Authority has stated that when the issue remains unattended, FAA can always review/redecide the action.

When CIC can review their decisions as per Delhi High Court Judgments where there is a mistake apparent on the face of it, FAA can also do that, as not attending Personal appearance is a crime . When personal appearance is not mandatory, and when issues can be settled on the basis of material available in submissions, dismissing of first appeal is against principles of natural justice.

So, please write on top of the letter Addendum to first appeal and state simple facts as follows:

 

1)Due to precommitments Appellant could not attend to personal hearing on...

2)However as personal hearing is not as mandatory in RTI Act, appellant has filed written submissions.

3)FAA ought to have decided the First appeal taking available material on First appeal grounds instead of dismissing first appeal only on the grounds that Appellant has not attended hearing and when no such advance intimation that appeal will be dismissed in case of absence of applicant was not mentioned in hearing notice. (It ought to have been mentioned, so that appellant has taken steps atleast for sending a representative)

4)Appeal procedure in RTI by CIC is that personal hearing even appeals before CIC is not mandatory and optional, and in case of absence of appellant, decision has to be taken on facts and materials available in the file.

Prayer: As per CIC procedure, As per Delhi High Court decision, appellate authority can review his first appeal if there is a mistake apparent in the decision, on principles of Natural justice. As offer of personal hearing is optional and not stated in RTI, appellant prays for review of the decision and either permit another personal hearing or decide the case on merits.

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RAVEENA_O

@Dinesh(NeverGiveUp)

 

Please visit regularly and update the outcome and further development arising out of your next move.

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Dinesh(NeverGiveUp)

Thanks Prasad Sir!

 

Sure Raveena mam, I will update on this matter once I get response.

 

I tried to produce Addendum to first appeal based upon valuable inputs from Raveena Mam and Prasad Sir. I am attaching the same herewith for the benefit of other members on this forum.

 

Feel free to share suggestion on this Addendum letter if you have any.

 

Cheers!

First Appeal Addendum.docx

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