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Reasons for delay by appellate authority


sandeepbaheti

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sandeepbaheti

As per the Act, the FAA is required to record the reasons for delay in writing if he passes his order after 30 days of receiving the first appeal.

Is the FAA required to include the reasons in the order itself and provide the reasons to the appellant? Or just writing the reasons is sufficient?

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FAA should communicate reasons for delay in decision to the appellant, so that same can be challenged in second appeal if so desired by the info-seeker.

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sandeepbaheti

Thanks, but just for the sake of argument, where is it mentioned that FAA has to mention this in his order? Basically, how to compel a stubborn FAA who is not willing to oblige?

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Thanks, but just for the sake of argument, where is it mentioned that FAA has to mention this in his order? Basically, how to compel a stubborn FAA who is not willing to oblige?

 

You are right. FAA can take such a stand and it is perfectly legal as per the "letter" of the Act.

 

But you can complain in the second appeal that no reasons were recorded. In reply FAA will have to divulge the reasons. Moreover you can argue before IC that intentions of FAA are malafide.

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