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rajthak

First Appeal Hearing Mandatory

Question

rajthak

Respected Members as I have filed first appeal on 13.06.2019. in the first appeal i have clearly mentioned that I will be not available for hearing called for FA. Besides this the First Appellate Authority has issued letter to myself to attend hearing. But at present I am out of station and can't attend hearing. As I am on urgent work i will not get leave. Now FAA has mentioned in his letter that if I doesn't attend hearing the justification will be one-sided. Now what can I do. Please suggest.

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Prasad GLN

First Appeal hearing is not mandatory, and not stated in RTI Act even if demanded many FAAs never permit appellant for hearing in several public authorities.  As a courtesy just thank him for giving the opportunity, express regrets stating your inability to appear for hearing and either ask him to decide on merits or give another date for attending hearing.  Definitely, first appeal hearing gives better opportunities of getting information.

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rajthak

Sir as the date is on 8 i can send FAA letter or email address is not available. Phone number is available. Can I contact him on phone i asked to postpone date.

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Prasad GLN

Search their website and now it is impossible to make such request unless PIO has provided FAA mobile no, email ID.  Though every CPIO has to provide his telephone no, and e mail id, and also of FAA, no one is caring to implement those DOPT directives.

But do sent immediately by SPEED POST, as FAA may consider your request if orders are not typed.  Typing takes minimum two days.  FAA has to decide on grounds mentioned in first appeal only.

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sppataskar

Hearing in First Appeal is not mandatory. In Case No. CIC/AD/A/2013/000875-SA, orderes  delivered on 14.6.2014  it is observed that there is not a whisper  about hearing  by FAA in RTI Act, 2005. There is also no provision  under the Act to prescribe procedures with regard to the manner in which FAA has to conduct & decide the First Appeal.  It is also mentioned in that Order that it is duty of the FAA to consider written appeal of the Appellant even if he is not present on the date of hearing and decide on the basis of the material available.   

Even appearance before the Second Appellate Authority i.e. SIC is not  mandatory, as per State Information Commissioner(Appeal Rules), 2005 (Section 7 of the R.T.I. Rules) (Central Act 22 of 2005) ..

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sppataskar

Another experience with the FAA from my best friends in their First Appeals -  Hearing was adjourned on the ground the the FAA is otherwise busy. He was given another dare. The same day, he met with the same fate. If TARIQ PE TARIQ culture of Courts is going on, in R T I  Act cases also, the purpose of RTI Act i.e.  getting the Information by sitting at home will be defeated.

Anticipating this problems,, the law makers rightly did not make any provision for procedure of hearing by the FAA and CIC in his orders has correctly observed the same. 

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