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pankajarora2400

Completely dismissal of 1st appeal due to non appearance of appellant

Question

pankajarora2400

In response of intimation of hearing on 1st appeal fixed on 26 Sep, I was submitted my written submission sent to FAA by speed post which reached to FAA office before hearing on 24 Sep but as per india post status submission was delivered on 01st Oct due to door Locked on 24th September but the FAA dismissed my appeal stated that Despite of intimation the appellant was not present , So appeal stands dismissed

 

Sent from my RMX1805 using RTI INDIA mobile app

 

 

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Prasad GLN

There is no such thing like dismissal, as DOPT has clearly clarified that Hearing of first appeal was not stated in RTI Act and this is not mandatory.  If the appellant is not present, FAA, being a quasi judicial authority should take decision on facts stated in grounds for appeal.  So write to FAA in polite manner that there was no stipulation on attendance of appellant in RTI Act, appellant presence is not mandatory, and in case of absence of appellant, FAAA should take decision as per grounds for appeal and decide on merits of the case as speaking order.  As the disposal is not proper either under law or on facts, seek review of the decision.

Wait for a month and then go for second Appeal.

Also file fresh RTI Application seeking information as follows:

Information solicited:

1.Please provide the copy of stipulation in RTI Act/Dopt Directive or any order/circular/notification that states the attendance of appellant is mandatory, and the first appeal can be dismissed with out considering the merits placed on record in first appeal.

In future to avoid such kind of delay send such request for condoning personal appearance, file submissions through e mail or Fax.

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Sunil Ahya

Now the best way forward is to file a second appeal with the concerned Information Commission.

If the information was important then we always advise a RTI Appellant to take the opportunity of attending the first appeal hearing.

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