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MANOJ B. PATEL

IC observed , if remanded, even more time consuming.

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MANOJ B. PATEL

For quick disposal of second appeal, the IC did not remand it to FAA saying "As such, the Commission feels that it would be appropriate and even justified to allow the appellant’s second appeal intoto instead of remanding back to learned FAA for disposal of FA which is even more time consuming. Therefore, it is allowed in toto."

CIC_KY_A_2015_000036_M_155053.pdf

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    • karira
      By karira
      In the minutes of meeting held on 22 July 2008, the CIC has decided to insert a new clause in the CIC (Management) Regulations 2007 regarding "special reference to remanding the cases to the Appellate Authority of the Public Authorities."
       
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      http://cic.gov.in/CIC-Minutes/Minutes22072008.pdf
      3. Commission discussed the provisions of the Act with special reference to
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    • jps50
      By jps50
      I have addressed following letter to Gujarat Info. Com as a feed back and suggestion. Members comments are invited:
      _________________________________________________________
       
       
      Date: 12-10-2010 by email
       
      To,
      State Chief Information Commissioner,
      Gujarat Information Commission,
      Bureau of Eco and Statistics Bldg, 1st floor
      Sector 18, Gandhinagar, Gujarat 382018
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      Subject: Remanding Appeals / Complaints--Suggestion
       
      On perusal of recent decisions of the Hon’ble Commission I have witnessed a trend in large number of cases, where by second appeals or complaints are remanded back to First Appellate Authorities [FAAs], even when appellants had filed first appeals and waited for at least 30 or 45 days + 10 days [both side postal time], before preferring second appeals or complaints. While remanding, explanation of FAAs is not sought for not having decided first appeal within stipulated time. Some of the recent decisions are:
       
      1. Appeal No. 1098/2010-11 decided on 15-07-2010
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      3. Appeal No. 1240/2008-09 decided on 16-08-2010
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      Under such circumstances, FAAs will be encouraged not to decide on first appeal and thus compel appellants to file second appeals or complaints, since FAAs know that Hon’ble Commission will at the most remand back to FAAs only, after 3 to 6 months, without fixing accountability for not performing their duties under the Act. In addition to this, appellants are put to inconvenience, expenses, visits, frustration and wastage of time and money in approaching Hon’ble Commission and again to FAAs. This style pampers ego of FAAs and dignity of common men is lowered down in a democratic country. Appellants will once again be required to approach Hon’ble Commission if they are not satisfied with decisions of FAAs. This amounts to merry-go-round [pillar to post] bureaucratic procedure well known in India, which is antithetical to letter and spirit of RTI. This procedure not only delays supply of information and causes hardship to appellants, it also increases avoidable work load of already overburdened Hon’ble Commission.
       
      I am aware that decisions of CIC are not legally bound on SICs, but can act as a guide and may lead to best practices worth emulation by SICs. I therefore append below details of few recent decisions of CIC against non-performing FAAs:
       
      1. No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
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      Yours faithfully,
      J. P. Shah

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