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Serious Flaw in RTI Act-2005

nk agarwal

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I am a RTI Act-2005 user for last about 8 years and have encountered following serious flaw in the Act :

(1) No provision of any action on FAA if he/she fails to discharge his /her duties i.e. fails to issue decision on 1st Appeal


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You have noticed this flaw only recently but this burning problem reached DOPT and other depts the very year in RTI was enacted.

If applied the ratio and reasoning of quasi judicial authorities, several SC Judgments state that principles of natural justice must be applied by FAA and hearing and speaking orders are necessary.

This reached CIC also in a second appeal case, when they proposed to amend RTI Act, when they have invited suggestions for betterment of rules and regulations , the simple reply by DOPT, endorsed by CIC is "Act has not stipulated any responsibilities and action against FAA'.

As of now directions to FAA  under law  is laid to rest.   

There are rumors that they may amend the Act.  Even if it is amended, they may make amendments suitable to them, but not incorporate new stipulations that are really necessary for better implementation.

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Yes, I understood the implication of this flaw recently only and am thinking of finding a solution to it - making FAA responsible for failing in his public duty.

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