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nk agarwal

What actions can be asked for when FAA fails to discharge assigned quasi-judicial responsibility

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nk agarwal

In the RTI Act-2005 no provision exists for any action against for not performing assigned quasi-judicial responsibility. He goes scot free.

This additional duty performance must be getting recorded in his/her ACR/APAR by his / her superior officers. Now if he/she contravenes the provisions of RTI Act-2005. (1) why such poor performance should not get reflection in the ACR/APAR. (2) How to ensure his/her superior officers take cognizance of such poor performance?

 

If this is done, the FAA would be compelled to fall in line with the provisions of RTI Act-2005

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Prasad GLN

The information / action is in between employer and employee. There can be no interference by any third party.

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nk agarwal

Not convinced

- Public Servants have to perform public duty - Performance Appraisal is a record of the performance of public duty - the record is to be filled objectively and diligently by the duty performer as well as his/her superiors who are suppose to review the "performance".

 

So if "public" complaints about the non-discharge or poor discharge of duty of a public servant to the superior officers --- what action that superior officer can take under the law against the non-performer - through the complaint in a dust bin? ( I am talking w. r. to this thread only).

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Prasad GLN

Individual opinions are individual, but in legal Apex Court decision is final.

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Sunil Ahya

One can file his first appeal and second appeal on the merits of the provisions of RTI Act, meticulously articulating the RTI provisions, relevant and applicable Govt. Circulars, Memorandums, relevant and applicable precedent case laws (i.e. earlier Court decisions) and thereby prove the facts of the case and based on that, on can get strictures passed against a FAA.

 

But for that, one has do a lot of research work and prepare the grounds of appeal on merits of the case (no place for emotions) and work his way through

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nk agarwal

Under RTI Act-2005, with my understanding, there is no provisions for actions against FAA - this is a serious lacunae

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sundar58

Sir, in my RTI application, FAA, SBI failed to call for f2f meeting to provide a Speaking Order, as per the Decision by CIC in my Second Appeal. What should I do now?

 

Sent from my Redmi Note 4 using RTI INDIA mobile app

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Prasad GLN

I have fought about this with DOPT for long stating such SC judgments that FAA is discharging quasi judicial responsibilities where principles of natural justice apply, and without hearing appellant, FAA can not take a decision.

The simple answer is : "show such stipulation in RTI Act"

When once it is not stipulated we can not issue OM for allowing personal hearing is the reply by DOPT.

Unfortunately, I am away from HC and not competent to fight it out through HC with my limited resources.

Some with those resources should fight in HC and get such a decision.

 

The only course left is filing second appeal. File Second appeal. File a complaint also that FAA has not provided personal hearing, and pray for providing hearing opportunity at FAA as per principles of natural justice as FAA is discharging quasi judicial functions.

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RTI_indian

One can get the details of performance of FAA from register no.2 ( Appeal register) as this register is public record.

 

Sent from my Moto G (5) Plus using RTI INDIA mobile app

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Prasad GLN

As advances, I get confused as to what is a query and what is the reply and has to go through entire thread.

Instead of seeking those registers and getting rejection that they are third party information ( disclosing of Names of applicants /appellants may endanger their life). If I wanted to ask information on FAA about personal hearings, I will ask simple one sentence information as follows, that can never be deneid.

 

Information solicited:

1)Please provide me the number of total appeals received, FAA requested, and first appeal heard cases through numbers for the year 2015 2016, 2016-2017

( ......100.....first appeals received, ....60 ...appellants requested for hearing, .......12......personal hearings were conducted in year....)

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nk agarwal

He has already exhausted 2nd Appeal option. What is the CIC order in nutshell (1) speaking order - then F2F meeting is not mandatory, (2) Personal hearing - yes F2F hearing /video-conferencing is mandatory.

So what does the CIC order says....?

This is what I understand

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sundar58

I am attaching the CIC Order, which states both Personal Hearing and CIC Order..

Admin | Error

 

Sent from my Redmi Note 4 using RTI INDIA mobile app

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sundar58

Central Information Commission, New Delhi

File No. CIC/SBIND/A/2017/140504/SH

Right to Information Act-2005-Under Section (19)..considered. Operative part of Decision "The CPIO should comply with the above directive, within twenty days of

the receipt of this order, under intimation to the Commission. In addition, we direct

the First Appellate Authority to give a personal hearing to the Appellant and pass a

speaking order regarding his request for pension and the reasons for the Respondents

not having agreed to the same. The FAA should comply with our above directive,

within thirty days of the receipt of this order, under intimation to the Commission.

4. With the above directions and observations, the appeal is disposed of.

5. Copies of this order be given free of cost to the parties.

"

Sd/-

(Sharat Sabharwal)

Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against

application and payment of the charges prescribed under the Act to the CPIO of this

Commission.

(Vijay Bhalla)

Deputy Registr

 

Sent from my Redmi Note 4 using RTI INDIA mobile app

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Prasad GLN

Some cases may be peculiar. In this particular case, IC sympathized with the pensioner. When hearing was not stated in the Act, it is option of FAA.

When it goes for second appeal and comes up for final hearing, then what can be the use with FAA hearing ?

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sundar58

As per the CIC Decision, the CPIO, did not provide the document containing the "approval or not " of the Concerned Official/Competent Authority" for accepting VRS, within 20 days of the Order. Hence i have made a complaint to CIC to register punishment under Section 18(1)(e) and under Section 20(1)&(2), for violating CIC Order. FAA hearing and Speaking Order is next in line.

 

Sent from my Redmi Note 4 using RTI INDIA mobile app

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sundar58

Within how many days FAA must submit Speaking Order after Personal Hearing, and whether a copy of Speaking Order will be provided to the Appellant. I have attended Personal Hearing today with GM, SBI and FAA.

 

Sent from my Redmi Note 4 using RTI INDIA mobile app

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Prasad GLN

Normally FAA orders will be typed and given within one hour. It is proper to file minutes immediately after hearing, so that FAA must abide as to what transpired during hearing. Personal Hearing was not stipulated under RTI Act, hence there can not be fixed time frame. However First Appeal has to be disposed within 30 days from date of receipt, which means FAA has to deliver orders within a month from receipt of FA, irrespective of hearing.

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Sunil Ahya

Speaking order in legal parlance means, that the order must contain reasons for such order and thereby must speak for itself.

 

As per the provision of section 19(1), ordinarily a FAA is supposed to dispose of a first appeal within 30 days of its receipt, however under circumstances he may dispose it of within 45 days and in such cases he must record reasons in his order for the additional 15 days delay in passing his order.

 

Please refer to section 19(6) of the RTI Act:

 

19(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

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