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jaysinh2

how to attend appeal hearing

Question

jaysinh2

hello: I am suppose to attend my appeal hearing first time in my life on Jan 27 front of FAA and need important help regarding

 

1. what would be FAA's behaviour, what should i do at that time if FAA behave rudely and does not answers properly (as about to happen in my case)FAA is senior enviroment engineer and whole staff will favour him, what should i do or behave a that time?

 

2. do I need to be prepared with any ready application to submit at time of attending hearing.

 

3. FAA along with me has ordered PIO and law officer to be present on hearing...so what is the role of law officer... do I need to prepare anything for him?

 

please guide me regarding what kind of experience it would be and..... things I should take care of?

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MANOJ B. PATEL

Welcome to RTI INDIA PORTAL. Thank you for choosing RTI INDIA PORTAL.

 

Please click the following link and read through the topics:

 

RTI Information

 

Please do not post in to multiple forums or start multiple threads. You need to study links on home page of this website and then start drafting RTI for common problem of specific issues etc. You can post draft RTI application on this portal so that our members can refine it. Thus you will be having working knowledge of RTI over a period of time. Please also visit this website often and peruse queries and replies by our members, which will make you comfortable with RTI.

 

Dear Member, in addition,

 

To explore about RTI kindly refer following links

 

(A) Download RTI Forms

(B) How to Become RTI Activist

© How to file RTI Online

(D) Centre / State RTI Rules and Fees

(E) Case laws of RTI

 

Regard & Best Wishes.

Manoj B.Patel

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MANOJ B. PATEL

If you wish to appear for hearing, you must be prepared --

 

[1] What were the information sought by you ... [1], [2], [3] etc.

[2] What was/were supplied by PIO

[3] What was/were denied by PIO & under which clause of RTI Act

[4] what, according to you, was/were wrong with PIO's decision and supporting provision/rule/CIC decision etc?

[5] What, according to you, should be the correct thing, and what are the supporting provisions in the Act for your case?

[6] Did the PIO offered you inspection of records?

[7] Have you availed inspection, if not why?

 

Prepare answer for the above questionnaire, you would be able to prsent your case effectively and answer any query from FAA.

 

If the PIO (or FAA) is making materially wrong submissions, you must intervene.

 

Also read some of the discussion threads on same issue:

 

What happens during RTI first appeal

 

preparation for first appeal hearing

 

First appeal hearing - how do i prepare.

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jaysinh2

OK. anything about law officer, what role does he play?

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RAVEENA_O
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jaysinh2

also is it a rule that if FAA orders PIO to provide information asked by the appellant, the information should be given free of cost?

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Prasad GLN

First understand that FAA is not going to cut your head and at the most may agree with PIO and thus you may be deprived of information. Still you have a chance for second appeal before CIC.

File written submissions even before First appeal hearing in following format and keep office copy and abide by the same, so that you will not miss important point.

 

_______________________________________________________________________________

Information Solicited...........Provided by PIO...Reasons for disagreement.....CIC Decision ref

___________1-----------------------------2___________________3______________4________

1

2

3

ONWARDS point wise

______________________________________________________________________

 

2.Arrange papers neatly, be confident and have command on the issue you are going to raise. Be your normal, decent, be polite, exchange Courtesies. Speak only if FAA asks and if it is denial it is PIO that has to defend denial.

3.Please obtain permission to be accompanied by a representative. Select a decent friend with Polite manners, knowledge on the issues, and above all convincing skills with cool temper.

4.As most of the officials are not well equipped with legal matters ( RTI is an Act) PIO and FAA may take his guidance (so that every one can escape saying that they have taken guidance from law officer- a kind of foresight ) Do not worry about that Legal officer or any other superiors.

Just focus on the issue alone, and avoid being provocative or become a target of such provocation and avoid any outside argument with simple smile.

4.Immediately, after hearing is over, submit proceedings in hearing in writing as immediately as possible.

(Once you develop command on issue, confidence will automatically generate, and next time you commence yourself representing others)

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jaysinh2

thank you, will prepare as per your suggestions.

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koteswararaonerella

FAA,PIO and Law officer are human beings like you and there is nothig for you to fear or worriy about attending the hearing. as sri Prasad rightly said , they will nnot cut your head ,go with condfidence and speak correctly as the occassion demands. after coming , post yur success .

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jaysinh2

thank you, will post the proceeding's.

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jaysinh2

under which section or rule rti appellant can ask for redemption from fees for information to FAA.......I am not able to download rti act gujarat from rtiindia.org

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Prasad GLN

There are just two exemptions for payment of RTI fees.

1)Applicant's income should be less than the income prescribed State Authorities and having any identification of Ration card (below poverty line), Anthoydaya etc., Applicant must submit attested copy with his application.

2)If PIO fails to provide the information within 30 days from receipt of RTI Application.

SIC/CIC must send all their letters to applicant only Speed Post and PIOs are expected to send by speed post as proof of burden is on them as ruled by Hon.SG in a decision.

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RAVEENA_O
under which section or rule rti appellant can ask for redemption from fees for information to FAA.......I am not able to download rti act gujarat from rtiindia.org

 

The relevant sections are reproduced below:

 

Section-7(5) for claiming fee exemption by BPL citizens.

 

(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:

 

 

Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.

 

 

Section-7(6) - Public authority shall supply information to an applicant, free-of-charge

 

(6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).

 

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Prasad GLN

Now it is frequently misunderstood by some members this exemption to BPL applicant is only for RTI fee of Rs.10/- and it is applicable for copying fees also.

This stipulation is stated in Act, and can never be altered/modified/ by individual Public Authorities. But those people who explain intricacies of Acts (HC judiciary) are not giving such exemptions, stating in their rules and regulations there is no such clause. RTI Fees may be fixed by them but subject to this mandatory stipulation in RTI Act. I failed to convince my APHC/FAA: Registrar General and I considered too small to argue about this with him only on the matter of interpretation whereas he can affect the FAA orders taking this as serious.

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jaysinh2

thank you, for all suggestions..I have prepared my letter to faa and will share documents after hearing I.e. after 27.

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jaysinh2

I am confused on how to draft sentence for asking faa to exemption from rti fee....if any one can draft one line sentence or some link for this....will be helpful

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Prasad GLN

What is there for confusion ? Just state the concerned stipulation in RTI Act and DOPT directives submit that PIO should not charge RTI fee from BPL applicant for copying and produce that section duly ticked or xeroxed in a separate page.7 (5) and also carry such self attested BPL proof and even in original and specifically state the in written arguments. FAA is bound to touch that subject. Be brief and just inform that as Applicant belongs to BPL economic status and is exempted for RTI fees, as he has provided proof. That is all. Neither less nor more.

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jaysinh2

sorry, I did not clarify earlier, I do not come under BPL category....

 

I have heard that if PIO rejects application and on appeal hearing if FAA decides that information is imp and should be given to appellant than, info should be given free if charge

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jaysinh2

in my case

 

I filed rti application to PIO, he replied me in 10 days in written that info can not be given with reasons,

 

I filed appeal to FAA and hearing is on 27 Jan.

 

I have requested in application that since last two years I am fighting for noble cause and have been travelling from far to attend appeal hearing I should be exempted from rti fee...

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Prasad GLN

There is no such exemption for large interest public causes by noble applicants . As stated earlier hearing of appellant by FAA is not mandatory, but improves the chances in securing information early, if PIO's denial is not reasonable. Written arguments can also help. If there is stuff in appeal, one need not travel from far to attend appeal hearing.

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jaysinh2

got it.

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jaysinh2

appeal hearing

 

hearing was successful both PIO and FAA were supportive and explained me very nicely that info is long and we have staff scarcity and other reasons,

than I showed my file and told them that info is very important for me and related to public interest, they agreed and told me to come for inspection of documents and select the copies I need and they will provide the same....

 

proper documents, filing and confident replies helped me to convince them.

 

 

thank you to experts.

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jaysinh2

inspection charges will be additional but my info is very imp, so main point is satisfied...

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Prasad GLN

Inspection charges are not substantial as it is relatively important when compared with information. It is not clear as to whether the offer is from your side or from PA side. If from PA side without your request, if amount is substantial, after receiving FAA order Make a request letter stating that inspection was not sought by appellant and it is option given by the FAA, and hence inspection charges may be waived. But pay for copies atleast. Now realise, if it is not RTI Act, it should have been never made available.

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jaysinh2

yes sir, you are exactly right. RTI act is really helpful, PIO offered me for inspection thing, he told me that I can check all the files related to my matter and receive the documents I need, I immediately accepted the offer. FAA nature was good to rti applicants as there were 3 more rti appellant with me he gave good reply to all.....

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jaysinh2

inspection charges are 1 hour is free and then it is 350/day approx.....

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