Search the Community
Showing results for tags 'remand matter faa'.
Found 3 results
MANOJ B. PATEL posted a topic in Discussions on RTIFor quick disposal of second appeal, the IC did not remand it to FAA saying "As such, the Commission feels that it would be appropriate and even justified to allow the appellant’s second appeal intoto instead of remanding back to learned FAA for disposal of FA which is even more time consuming. Therefore, it is allowed in toto." CIC_KY_A_2015_000036_M_155053.pdf
fournineeightakadushman posted a question in Ask for RTI SupportHi friends, My second appeals were not disposed of by DCP east for 3-4 months. I searched for some CIC 2013 decisions where CIC remanded back appeals to FAA because FAA had not passed any orders. Here are some: 1. CIC/SS/A/2012/002245 dated 16.01.2013 2. CIC/SS/A/2012/002856 dated 03.05.2013 3. CIC/SS/A/2012/003263 dated 18.02.2013 4. CIC/SS/A/2012/003641 dated 15.01.2013 5. CIC/SS/A/2012/000118 dated 26.03.2013 6. CIC/SS/A/2013/000738/VS/05839 dated 15.01.2014 7. CIC/SS/A/2012/001041 dated 11.09.2013 8. CIC/SS/A/2013/001281 dated 19.09.2013 9. CIC/SS/A/2013/002842/VS/05832 dated 19.09.2013 10. CIC/SS/C/2013/900013 dated 23.04.2013 I am sure, DCP-east has not been disposing second appeal wilfully. There must have been many more applicants who must have given up and did not even consider filing second appeal knowing the information would be of no use if got after one year. What can we do to stop such behavior? For my appeal, I will go to CIC, but CIC does not take notice of such irregularities. I am thinking of filing an RTI to get list of all first appeals which were not disposed off within 30 days. Please help me frame questions. Please furnish the list of all the first appeals received by the office of DCP-east since Jan 01, 2012 in tabular form with following information for each appeal. Title. Date of receipt. Date of Order Reason for not disposing within 30 days (if not disposed within 30 days as is mandatory per RTI ACT) Whether disposed within 45 days or not. [*]On which dates were the first appeals disposed for the appeals remanded back by CIC. (with the list as produced above) 1. How to make sure that correct information is given by police for above queries. 2. Can third person also complain to CIC about non-disposal of first appeals, of other persons, in time with data received from above RTI application?3. Can a complaint be made to public authority about not doing the duty as per service rule? Do they take such complaints seriously? 4. Will it help if may activists file RTI-application/complaints for above information? May serve as example? 5. Any other remedy? thoughts? 6. Icing on cake would be if I have to go for first appeal for this RTI, and even that appeal is not disposed by DCP-east:).
Many members and guests of this portal have posted their bitter experiences with SICs and specially the CIC for: 1. Mixing up Complaint and Appeal - ie registering a complaint as an second appeal or vice-versa 2. Passing orders without conducting a hearing 3. Remanding matters back to the FAA by using standard copy/paste orders Attached is a series of letters / orders in the case of Mr R K Jain v/s CESTAT which will guide and help members to combat such a situation. Surprisingly these orders have been removed from CIC website - for obvious reasons. 1. CIC remanding back a second appeal to the FAA - this is one of those typical copy/paste orders of IC SS, IC RM, IC DS, IC VS and IC BS. 2. Application from appellant requesting CIC to withdraw this order of remanding back a Complaint 3. Copy of CIC order "withdrawing the earlier order" 4. CIC adjunct order after rehearing the Complaint imposing penalty on CPIO ======== From the above, it is clear that if one fights with the CIC on strong grounds, then one can stop such illegal orders being passed by the CIC / SIC. Rectification Application to CIC against ex-party remand by IC 18 Feb 2012.pdf CIC allowing R K Jain Rectification of ex parte remand of Complaint.PDF CIC Order on Rehearing after R K Jain rectification Application.pdf CIC order remanding back to FAA 09 Feb 2012.pdf