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Found 37 results

  1. 1.Can there be audience at the time of hearing(first/second)?? 2.If someone is accompanying with the appellant for hearing(first/second), Is he/she is allowed to accompany??
  2. I made an appeal to FAA of a PA where the legal adviser of the PA advised the FAA not to hear me. The FAA called me n held a consultative meeting but refused to hear the appeal. FAA asked me to show the provision for a hearing. I insisted that any legal proceeding could not be decided "without granting an opportunity of being heard" is the prime principle of an equitable justice. But in the Act there is no direct and explicit reference of a hearing being held. I asked FAA to show me the Rules of RTI for Central PAs which were not available. So I produced the rules of the CIC which I pleaded should be applicable. However, unfortunately I could not find any direct reference to the Hearing to be held by FAA and in such case the first appeal would be decided without granting me a hearing. There are many orders of the CIC I have seen on your site where personal hearing was granted by the FAA and there are no objection raised by any party. But that does not prevent the FAA from deciding the matter ex-parte. Could you pl therefore guide as to what is the correct position of law in this matter?
  3. Pulivarthi Narasimhulu

    two types of notices for hearing by APSIC

    I have received 3 notices to attend for hearing from APSIC during the month of April, 2010. Two cases are to be heared by the Chief Information Commissioner, APSIC and in those 2 notices it is mentioned my 2nd appeal date and the respondent's name and address. But in the third notice, the case is to be heared by Sri Dilip Reddy, Information Commissioner in which there is no respondent' name and address but only mentioned my 2nd appeal date and APSIC's case number. As there is no respondent's name and address in the notice, the applicant has to verify the case number by going to Internet Centre and paying some amount. Is it possible to the applicants residing in the villages to go to Internet Centre which is in the nearest towns for this specific purpose. Please suggest how to request the APSIC to furnish the respondent' name and address in the notices issued to the cases to be heared by other 3 Information Commissioners.
  4. My bldg which is constructed some 1 year back I drafted an application stating "I want to inspect the stilt parking area, fire refugee area and basement of the Bldg, As per Section 2(j)(i)" But unfortunately Municipal Corporation refused to give information stating that the information does not falls under purview of RTI. I have made First appeal against the same, I have been asked to attend hearing. Now I have never attended any hearing, I don't know what to do? I request you to please guide the procedure and some do's and dont's to be followed during hearing.
  5. I am trying to collect the different formats of "Notice of Hearing" being issued by various IC's in CIC and SIC. Recently I realised that each IC has his own format / norm. In the case of one particular IC, the format varies from time to time ! This has led to a piquant situation where: PIO's and FAA's do not attend the hearings (nominate some junior clerical staff to attend) Copies of comments of PIO are not served on the appellant until the hearing actually starts "Other" types of officers attend the hearings since they need to be in Delhi or the State Capital for personal trips Third parties do not get an opportunity to participate in the hearings Orders do not mention PIO/FAA as attendees but just mention name of PA as "respondent" In one case, some one hanging around the corridor, was literally dragged into the IC's room to attend hearing as a "PIO". If any member has received a "Notice of Hearing" from any IC in the CIC or SIC, please upload them as an attachment to your post in this thread, with the following details in the post: Name of IC (or Chief IC) CIC or SIC (mention the State) Date of "Notice of Hearing" If hearing attended personally by the appellant or representative If hearing attended by the PIO/FAA If hearing attended by any other person from the PA Did the other person have a "letter of authorisation" from the PIO/FAA Did the order mention name of PIO (or other person) at the top (where name of appellant is mentioned) If a particular IC's "Notice of hearing" is already uploaded by some other member, please only upload more such notices from the same IC, if they are of a different format.
  6. RTI fails to bail out hapless applicant as reported by Neha Shukla, TNN | Times of India, 11 Dec 2008 LUCKNOW: The Right to Information (RTI) Act has a long way to go before it becomes a potent tool for the common man in the state. There is scant regard for the orders passed by the State Information Commission (SIC) and the case of one Dev Dutt Sharma can be a befitting example of the same. Sharma's case after landing up at the commission in 2006 has been heard by five different commissioners and has seen 14 hearings. Yet another hearing is marked for December 18. Interestingly, all the commissioners have issued showcause notices to the opposite party, in this case -- director, higher education and finance controller, higher education, asking them why should not they be penalised for not releasing the information under RTI to Sharma. Despite this, the applicant has not received the complete information that he had sought under RTI. Sharma's wife was a lecturer in Shri Narayan Girls Degree College, Unnao. It was after she expired in 1998 that he had asked the college authorities to release her arrears to him. But, despite several letters shot off to director, higher education, the arrears were not released. "I had then given an affidavit requesting the authorities to handover the funds to my minor children under my guardianship,'' said Sharma. But, authorities rather fixed the money till 2011 under the guardianship of the school principal, Kamla Singh. Not ready to take the high-handedness of the authorities and after being made to run from pillar to post, the man presented his case to Lokayukta in the year 2000 but even that did not help. In the meantime, on November 27, 2006, he had also sought information under RTI from the director, higher education on 16-points regarding the arrears of his late wife. But, after he got no reply he reached the commission. "I had also filed a single line prayer in the high court requesting the authorities to release the money to me or to my children,'' he said. And, it was after the court's order that the authorities released him the arrears, but out of the net amount payable that is Rs 1 lakh 55 thousand, he got only Rs 1 lakh 40 thousand. "I questioned the authorities about the remaining Rs 15,000 but they did not give any reply,'' shared Sharma. Even five of the commissioners who had heard his case could not help him in knowing about the remaining amount. The only respite for the man is Rs 25,000 penalty that was imposed on the opposite party on October 30. The next hearing, however, has invited an argument from the opposite party against the penalty. RTI fails to bail out hapless applicant-Lucknow-Cities-The Times of India
  7. 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.
  8. Activists want 25 RTI cases to be heard a day as reported by DNA Correspondent, September 25, 2008 RTI activists have got together and formulated a five-point strategy for information commissioners to bring down the incredibly high pendency of cases in appeal. At last count, 16,500 cases were waiting to be heard. A team of six RTI activists, including Shailesh Gandhi (now appointed as the central information commissioner), which was allowed to remain present and observe 100 hearings conducted by the two city-based information commissioners, Dr Suresh Joshi and Ramanand Tiwari, submitted its findings and recommendations to the state information commission on Monday. Observing that information commissioners often did not report to work on time and did not conduct hearings five days a week, the activists panel has demanded that commissioners respect the discipline of timing. Concluding that appeals were disposed of in average eight minutes, the panel has now demanded that each commissioner hear at least 25 cases a day. The state presently has five information commissioners. RTI activist Bhaskar Prabhu said considering that every commissioner hears cases for 20 days every month, 2,500 cases could be disposed of every month. “This way all the pending cases could be cleared in less than seven months,” Prabhu said. For a faster disposal of cases, the state is considering a proposal to provide three more information commissioners. Prabhu, however, said that with better discipline, the present lot would suffice. DNA - Mumbai - Activists want 25 RTI cases to be heard a day - Daily News & Analysis
  9. PIOs shall get two chances to give explanation for delays: RTI As Reported in Zeenews New Delhi, Aug 27: A Public Information Officer (PIO) attached to a government department will only get two chance for explanation before the Central Information Commission (CIC) in case the panel takes cognizance of delay in replying to an RTI application. "The PIO shall not be given more than two adjournments to present his explanation. That shall be treated as a reasonable and sufficient opportunity," Chief Information Commissioner Wajahat Habibullah said while presiding over a meeting of the Commission held recently here. The Commission accepted the suggestions proposed by RTI activist Shailesh Gandhi for restricting the number of adjournments sought by the government departments. In the wake of the increase in pendency of cases, the transparency panel is looking into ideas to improve its efficiency and speed up the process of disposal of issues. On the issue of imposition of penalty on the PIO for non-compliance with regard to the specified period for RTI replies, the CIC said will look for a "reasonable cause" while dealing with their response. In case the information furnished to the RTI applicant proved to be incorrect, incomplete or misleading, the CIC will assess if it has been done by the officer "knowingly" or not. The procedure to be followed includes imposition of penalty on the PIO after giving him an opportunity of being heard. The Commission will not hold separate hearings for the imposition of penalty and a showcause notice will be issued in the first hearing itself in order to save time. The CIC directed that the following procedures as suggested by Gandhi might be followed while imposing a penalty. Zee News - right to information
  10. I have a pending appeal before the CIC, now the CIC have asked for the comments from the PIO saying that a reply has to be sent within 10 working days. Is is mandatory for the PIO to offer his comments on my appeal or can he wait for a personal hearing. What if the PIO does not submit a reply with the CIC. What is the next step after the CIC receives the reply.
  11. Dear Sir, I wanted to inspect some file notings in our State Hqrs.But concerned deptt. verbally informed that Minister-in-Charge did not like to give oppourtunity to see file notings etc, and it was forwarded for comments of Legal Advisor. The application of 10.05 .07 and tha A.A has fixed a date for hearing. I don.t know what would be his intention. Only after sending 2nd appeal , they are arranging 1st appeal hearing. That way they are delaying the process. And one problem is that I had to avail 5 Casual leaves for hearing. Is it not possible to have information without hearing and in time as per RTI Act? Abhijeet
  12. This is related to the thread on my request to SEBI for FII data (http://www.rtiindia.org/forum/1604-sebi-fii-data-question-regarding-what-post-site-relating-frustrating-rti-experience.html). I've just received the attached Notice of Hearing which asks me to be in Bombay at 10.30am on Wed, April 30, 2008, for the final hearing. (Given the delay that is evident from the CIC website, I suspect that subject matter has something to do with this relatively short lag since filing my appeal.) I am writing to ask for help I may need from someone in Bombay, who may also have an interest in the same matter, in case I am unable to attend the hearing myself. Since the SEBI officials are located in Bombay, and I had said in an earlier email I could be in Bombay in late April, they've scheduled the hearing for 11am, on Wed, April 30, 2008, through videoconference at the NIC site in Bombay. Even if I do come home in late April I have to get back to to the US to teach by April 29, so I've asked for a reconsideration of the date. If for some reason CIC cannot reschedule -- and they are so overburdened right now I can't blame them -- I will need to find a proxy to be present in my place. To be prepared for that I am writing to as many people as I can to find someone who will have the time and the interest to attend a hearing at 10.30am on April 30, 2008, in Bombay. An academic who is also hungry for the same FII data would be ideal. But the matter itself is certainly not rocket science, the facts are all very elementary, and even someone merely sympathetic to academic research, and who can make some time will do. The matter does not require a lawyer or a journalist -- whatever understanding of the RTI Act 2005 is needed for this matter I am sure I can provide (and this site can help many times more). In case you can think of a name of someone who may be able and willing to help, please let me know. Remember, once the FII data is available, it is available to all. (The history of the matter viewed from my end -- my initial request, SEBI's denial, my appeal, SEBI's subsequent denial, and my appeal filed with the CIC -- is now public information, and available on this website on the original thread referenced above.) Any other ideas, comments, suggestions, welcome. Best, Murgie ---------- Forwarded message ---------- From: Murgie Krishnan Date: Dec 4, 2007 8:13 AM Subject: Re: Hearing through Video Conferencing on 30.4.2008 at 11:00 AM To: DC Singh Dear Shri DC Singh: Ref -- Case No. CIC/AT/A/2007/01251 On Wed, April 30, 2008, it is not feasible for me to be in Bombay, as I will have to be back in the US by April 29, to teach. The previous week, April 21-25, 2008, will be feasible, if I have to be in Bombay. On Wed, April 30, 11am will be 1.30am for me here in NJ the US. I CAN participate from home (through video over IP using software like SKYPE, which will however require that at the other end appropriate arrangements are made). Please let me know if you can consider some alternative to the arrangement stipulated in your notice of hearing. Else can I try and be represented by someone else on my behalf at this hearing through NIC in Bombay at 11am on April 30 in Bombay? (Since SEBI did not give me any opportunity to be heard even during the 1st appeal, despite my pleading for one, I am very keen to be present at a hearing myself at least now, so this alternative is LESS preferred. ) Please let me know what you can do with respect to the date of the hearing. I am very happy you have requested comments in advance on my appeal from the CPIO and Appellate Authority at SEBI, and directed them to furnish me a copy as well. Whether you will be able to monitor (before the hearing) if they do really send me a copy is a matter of some concern to me. I plan to send you email 3 weeks from now telling you if I have received any comments from SEBI on my appeal. Thank you for your time and attention. Best, Murgie Krishnan On Dec 4, 2007 6:30 AM, DC Singh wrote: Dear Mr. Murugappa (Murgie) Krishnan, This has reference to your e.mail dated 29.11.2007. The hearing in case no. CIC/AT/A/2007/01251 has been fixed through Video Conferencing on 30.4.2008 at 11:00 AM. Copy of notice is attached. Regards, D.C. Singh. from_CIC_Dec_4_2008_Hearing_Notice.doc
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