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abhijeet

Is it not possible to have information without hearing and in time as per RTI Act?

Question

abhijeet

Dear Sir,

I wanted to inspect some file notings in our State Hqrs.But concerned deptt. verbally informed that Minister-in-Charge did not like to give oppourtunity to see file notings etc, and it was forwarded for comments of Legal Advisor. The application of 10.05 .07 and tha A.A has fixed a date for hearing. I don.t know what would be his intention. Only after sending 2nd appeal , they are arranging 1st appeal hearing. That way they are delaying the process.

 

And one problem is that I had to avail 5 Casual leaves for hearing. Is it not possible to have information without hearing and in time as per RTI Act?

Abhijeet

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colnrkurup

The RTI Act is silent on 'Hearing'. But Order XLI Rule 17 of Civil Procedure Code 1908 lays down that :

(1) Where on the day fixed,or on any other day to which the hearing may

be adjourned the appellant does not appear when the appeal is called

on for hearing the court may make an order that the appeal be

dismissed

(2) Where the appellant appears and the respondent does not appear the

appeal shall be heard ex-parte

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maneesh

Well Said colnrkurup,

abhijit, I am sure you must have included the ground of appeal with your submission in the appeal itself.

In case you are unable to be present in the hearing, you may send a written submission and requesting the Appellate authority to consider it.

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slchowdhary

Let us not be bogged down by technicalities. Be clear. If you can't appear, say it so and forget about it. If the AA/CIC is competent enough, he does not need r appearance. And otherwise your mere presence will not help. If appeal is dismissed, find other ways. There is solution for everything.

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slchowdhary

Once again. When law is ambiguous, go for common sense and as TS Behra said, natural justice. The Justice should override any protocol. Law should be extended/extrapolated if necessary to provide justice.

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