On 14.03.2018 a complaint was filed under RTI Act,2005 with CIC under section 20(1), on the grounds that the CPIO did not provide the information despite the orders of FAA.
During the hearing the respondent CPIO of PMO office submitted that information had been provided to complainant vide letter dated 01.03.2018 through speed post.
Whereas, the information wasn't received by me and after having hearing submission of both the parties and persuing the records the commission directs the respondent to resend the letter dated 01.03.2018 alongwith the proof of its dispatch including tracking number to the complainant within two weeks. Furthermore my complaint have been disposed of.
The CPIO of PMO has coplience the orders of CIC and now I received the information alongwith proof of dispatch on 05.07.2019.
Since the copy of reply furnished by CPIO of PMO is unprincipled and immature, & very much fishy. Therefore, expert advice is needed on the following issues
1. Can I still file my appeal against the reply of CPIO of PMO in the event of disposed of my complaint in CIC orders.
For your convenience I am enclosing the CIC orders.
.CIC Order on PMO CPIO
Deciding appeal weather the Appellant is required to be compulsorily present during hearing, the following was decided:
The Central Information Commission Appeal Procedure Rules 2005 are clear that an appellant may be present in person or through his duly authorized representative, or may opt not to be present in appeal before the Commission. Such a principle will apply mutatis mutandis to any appeal before any lower authority under the Right to Information Act.
See the attached decision.