If First Appellate Authority claims that applicant has expressed satisfaction with the information furnished before the appellate authority, does the Appellant is precluded from preferring a second appeal on the same RTI application.? The Central Information Commission rejected the claim and directed the FAA to again hear the applicant afresh after affording an opportunity of hearing.
The Commission relied on Section–102 of The Indian Evidence Act, 1872 which is extracted hereinafter:
102. On whom burden of proof lies.-The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Still file Second Appeal
The onus to prove the fact of having made a statement of satisfaction as well as contents thereof lies on the Respondent. The Commission cannot adjudicate a question of fact in absence of any corroboration tendered by the respondents. The decision can be read here: CIC_CC_A_2014_001218_M_180551
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