Hearing of first appeal by FAA a must after issue of hearing notice

[karira 5,897]

Hearing of first appeal by FAA a must after issue of hearing notice

The CIC has ruled that it is mandatory for a FAA to conduct a proper hearing after issuing a Notice of Hearing to the appellant. Otherwise the order of the FAA can be set aside.

 

Summary:

 

1. Passing orders in first appeal without hearing or sending hearing notice is illegaland will render the order invalid. The Commission sets aside the order of FirstAppellate Authority for violating RTI Act and breach of natural justice by denying theappellant a chance of presenting his case and by raising entirely a new defencewhich was never claimed. Commission finds it deserves action though theconcerned officer retired from service and recommends Public Authority to initiatedisciplinary action against the concerned FAO for acting totally against the RTI Actin this case.

First Appeal hearing mandatory.pdf