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Give opportunity of hearing during second appeal


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This article has been posted at our #LawSegment . To read the full article follow this link: Give opportunity of hearing during second appeal and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter.


Central 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…Read more ›


The law segment is available here RTI INDIA - Invoking Your Rights



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These types of "suggestions" were given several times in several decisions and even ICs bat for such FAAs and assume their practical difficulties and even justify FAAs not permitting personal hearing in those decisions.

IC can not take any action against FAA for not permitting personal hearing. Almost all FAAs are aware that when requested FAA must provide hearing opportunity and still they are not interested, IC can not do anything except making such suggestions in their decisions regularly.

Some FAA's even decide that "Hearing appellant is not necessary" in this case.

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  • 3 years later...

Hearing during second appeal was mandatory.   There were no instances reported that a decision was taken without giving opportunity of hearing of second appeal .  However, IC may not postpone the once fixed hearing date due to practical problems involved.   Even when date is not postponed, written arguments, taking a decision on merits on records submitted by applicant must be considered and IC has to deliver a speaking order.

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  • 3 weeks later...

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