Give opportunity of hearing during appeal

Hearing during second appealCentral Information Commission in one of the decision opined that “as far as possible give the appellant including the third party, if any, an opportunity of hearing specially if he so requests, without forgetting that the essence of RTI Act is to provide complete, correct and timely information to the appellant.” You can read the RTI Act here!

CIC further states that “It is needless to say that rendering an opportunity of hearing to the parties is a fundamental principle of jurisprudence. It is conducive to fairness and transparency and accords with the principles of natural justice. An opportunity of hearing to the parties also brings greater clarity to the adjudicating authorities.”

It noted that “This Commission always gives an opportunity of hearing to the parties but this does not appear to be usually done by the FAAs, as probably there are practical difficulties therein, partly arising out of the number of appeals involved and partly due to the limited time frame in which the matters are required to be decided.”

Hearing during second appeal

Earlier the RTI applicant has stated that inspite of specific request the First Appellate Authority decided his appeal without giving him any opportunity of hearing which is against the basic principles of natural justice.

The decision can be read from here!

You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
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2 comments on “Give opportunity of hearing during appeal
  1. Now a days FAAs delibarately adopted a policy to delay decision, in the pretext of
    personal hearing of applicant, even though there is no disputes. Applicant shoild not be penalised to wait hours outside the room of FAA

  2. suresh pataskar says:

    The CIC in its Order No CIC/AD/A/2013/000875-SA dated- 3.6.2014 has observed that “there is also no provision under the Act to prescribe procedure with regards to manner in which FAA has to decide first the appeal”.”It is also observed that if at all there is hearing fixed by FAA, then FAA must give appellant a copy of submission of PIO before FAA. Further ruled that hearing warrants only where there is a dispute e.g. the PIO contents that he has supplied information as against Applicants contention that no information supplied.”
    I AM OF THE VIEW THAT THE FAAs WILL NOT HOLD HEARINGS ON SCHEDULED DATE & TIME UNLIKE CICs/SICs AND MAKE the applicantS wait for hours to gether OR POSTPONE THE HEARINGS.

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