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drgvrao

Is their a procedure for appeal against 2nd appeal

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drgvrao

Dear Friends

 

My 2nd appeal with the CIC bearing F No. CIC/AT/A/2008/00437 dated 31.10.2008 was disposed off by upholding the decision of the AA in not furnishing information. The decision of the CIC is misplaced and facts have been ignored. I requested for a copy of the preliminary hearing held against me and a copy of file notings leading to my suspension from services. Enquiry was completed way back in July 2007. My application was kept pending 10 months despite reminders. An amount of Rs 100 was collected after revalidation of the Demand Draft. The first appeal was heard on 16.11.2007 and disposed off on 12.03.2008. So many lapses. But the Information commissioner relied on a judgement which is dissimilar to my circumstances viz., V K Gulati vs DG Vig, Customs and Central Excise; CIC/AT/2007/01508 has been relied upon by the Information Commissioner. In V K Gulati's case the disciplinary proceedings were underway, whereas in my case the Disciplinary Authority, on a sworn statement, in the Hon'ble High Court of AP has disclosed that the disciplinary proceedings were completed. So how can the IC depend on dissimilar instances. Further the respondents had filed a written submission to the CIC in reply to my 2nd appeal. Am i not entitled for a copy of the same before the actual hearing held. Therefore under such circumstances I want to appeal against this order. I dont want to go the Judicial Courts since they are time and money consuming. Can anyone of you enlighten me on this. What should i do now.

 

Dr G V Rao

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8 answers to this question

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colnrkurup

Sorry ! No way other than aproaching judiciary.

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drgvrao

Dear Col

 

Thnx for ur reply. Its sad that I need to go to Judiciary. But I would like to have your comments on the fact of non-provision of documents filed by the respondents and application of a judgement which is dissimilar to my case. Just take your time and let me know your comments. with regards. dr rao.

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karira

Dr Rao,

 

You should have tried to attend the Second Appeal hearing yourself and presented all these arguments.

As colnrkurup mentioned, there is no other solution but to approach the High Court.

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rajub

Dear drgvrao,

 

When you approach judiciary, it (judiciary) will examine whether the 2nd appeal procedure is in conformity with the standard legal procedure.

 

This procedure mandates that you must be supplied with reply given by the PIO/AA. Moreover you must be given an opportunity to file rejoinder. Since this procedure is not followed in your case; in all probability your case will be remanded back to CIC. In one case High Court has remanded the case back to CIC.

 

The CIC regulations also require the CIC to follow this procedure. But judiciary will draw its own inferences notwithstanding anything in the CIC regulations (which will definitely be in your favour).

 

So far as earlier decision of CIC is concerned it cannot be blindly applied to new case. The decision of CIC must be in conformity of the RTI Act and standard legal procedure. So judiciary will only examine whether order of CIC (in your case) has viloted the RTI Act and/or standard legal procedure. So please don't worry about old orders of CIC.

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Sunil Ahya

Theory v/s. Practical.

 

Judicial process will be very slow. Another RTI round may be faster.

 

One way out is, you may file a fresh RTI query, on the same subject by making some changes to your earlier RTI application, so that your fresh application appears different when compared to the earlier application. A bit tricky.

 

Then climb the ladder PIO > AA > IC. This time be extra careful, to plug in all the loop holes.

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drgvrao

Dear Mr Karira

 

You wud be pleased to note that i myself presented my 2nd appeal in person on 13th October and placed all facts including documents before the Info. commr. But he did not look into it nor asked for it. In fact i argued that the CPIO and AA who were also present to produce proofs of their blank and false statements. I am well versed with art of Court arguments being a DNA expert for 13 long years (that is one of the reasons for which i m being harassed by my department) and took all steps to prove them wrong. But somebody needs to listen, right. As i stated on this site before, RTI provisions are being violated by CPIO's / AA's. But i will fight on. with regards. dr g v rao.

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drgvrao

Dear Rajender

 

Your words have given me strength. I will proceed now against the order. Thanks. dr rao.

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colnrkurup

Mr.Rao,

You have to weigh the value of the additional information you need via-a-vis the degree of difficulty/time-frame in obtaining it and your sustainability. If I would have been in your position, I will not venture approaching judiciary now - may do so after gaining more information. I would defenitely resort to the method suggested by SK in post No.6 above. I would seek the required information in such a way that it does not appear to be the same. I will put the requirement in such a way that it cover all the objections raised by the FAA and the default of CIC and they are not able to evade the information with the above replies. Better consult some one before filing the fresh application.

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