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    Personal hearing important while deciding first appeal under RTI


    rtiindia

    deciding first appeal under RTIFirst Appellate Authority decided the case without inviting RTI Applicant for hearing. Central Information Commission remanded back the RTI case to First Appellate Authority (FAA) with directions to decide the appeal after affording an opportunity to the appellant for hearing. Not giving personal hearing to the appellant to make their submissions is against the principles of natural justice and even the provisions of Section 19 (1) of the RTI Act 2005. Thus, it is not legally tenable. (Learn how to file RTI Online here with our simple guide)

     

    Earlier the CPIO vide his response had simply denied the required information to the appellant by taking a plea under Section 11 of the RTI Act 2005 without mentioning as to whether the comments of the Third Party was invited or not. Surprisingly, FAA mentioned that the procedure laid down relating to third party has been followed by the CPIO and the parties concerned have given in writing that the applicant has family disputes and business rivalry with them and as per the Section 11 of the RTI Act 2005, no such information may be given to him. CIC recorded that "the views of CPIO and FAA are in a divergent direction. As such, these are not legally tenable."

    Personal hearing important while deciding first appeal under RTI

    The Commission was of the considered view that it is a fit case to be remanded back to learned FAA with a direction to disposed of the appellant’s First Appeal, under the provisions of RTI Act 2005, afresh, after affording an opportunity to the appellant, within 30 days from the date of receipt of this order under intimation to the Commission. As such, the case is remanded back.

     

    Shri S P Goyal Vs The Dy. Commissioner cum CPIO O/o. the Dy. Commissioner of Customs, Inland Container Depot (GRFL) Sahnewal, G T Road, Ludhiana, File No. CIC/KY/A/2014/0000287 dated 01.07.2014

    (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 read and download the decision from the CIC website. If you have any query, kindly post it over our website here!)
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    The rule "Personal hearing important while deciding first appeal under RTI'' by the FAA appear to be a fundamental rule. How the FAA was not aware of such rules. May I know whether the PIOs FAAs and CICs are given any exposure to the rules that they should follow in dealing RTI applications by way of classes or training and their ability evaluated before assigning the post to them? .

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    In my case the information regarding not extending me the protection of Fundamental Rights, covered under Article 14, 16 and 19 of the Constitution of India are not ensured by the FAA. Besides, information about violation of F.R. 31-A & clause (b) of Section 33(2) of the Institutes of Technology Act, 1961 by illegitimately phasing out my statutory cadre and pay scale. against my option. No other IIT of the country has ever changed the cadre of any employee and invariably extended the pay scales and promotions as per uniform policy, promulgated by the Ministry of Human Resource Development from time to time common for all the IITs. The Chairman and Members of the Board of Governors are absolutely ignorant of their jurisdiction, conferred under the I. T. Act and Statutes. The IIT Kanpur has alone neither notified the uniform pay scales, approved by the Ministry in 1981 common for all the IITs and the common promotion policy, nor implemented any of the same. This fact came to my notice after my retirement. I had served Legal Notice through my Legal Counsel under Section 30 of the I.T. Act in the year 1979 for referring my dispute before the Tribunal of Arbitration, which could be invoked at the request of any employee or at the instance of the Institute on arising of any dispute. One copy of said Legal Notice was served to the Board of Governors of IIT Kanpur for appointing one member for the Tribunal on behalf of the Institute and one copy to the Secretary of Ministry of Education for the appointment of the Umpire through Hon'ble President of India as stipulated in the said section of I.T. Act. The processing of the Notice was mandatory but I am sorry to state that neither it was processed nor any information is provided to me for not processing the same. The Information Commissioner Shri Shailesh Gandhi has has treated it as allegation under criminal conspiracy with the FAA.

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    DOPT officials responsible for implementation of RTI, do you know this ?

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