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srene68

Can a FAA direct the appellant to inspect the records in lieu of providing the same

Was th decision of the FAA right  

4 members have voted

  1. 1. Was th decision of the FAA right

    • Yes
    • No
    • Ploy to delay and to trouble the appellant
      0
    • The FAA was well within his rights
      0


Question

srene68

Hai every one

 

I am in a strange situation, I had applied to a PA based in Mumbai ( at this stage I wish not to mention the PA identity), I indeed received some information from the PIO, but the vital information I had asked was denied citing Section 8 and its sub-clauses.

 

Thereafter, I had gone in for a First appeal with the FAA, who was convinced by my arguments and has ordered that the PIO allow me to inspect the records available with him without assigning any reasons whatsoever and the order has been passed after the mandatory 30 days time-frame, he was entitled to another 15 days, providing he explain the delay in writing, which he has made no mention of.

 

The queries are :

1. The information that I had asked would be in the range of say 25 - 50 sheets ( in my opinion), Is the FAA right in asking me to inspect the records in-spite of me requesting for the information, without mentioning why he took the decision. ( I had also indicated my willingness to pay whatever is required as per the act.) At no point of time I had ever mentioned that I want to inspect the records.

 

2. The FAA and the PIO are aware that I am in Bangalore and the PA is based in Mumbai, is it right on the part of the FAA in giving such a direction, or is it a ploy to involve in dilatory tactics ?

 

3. Kindly request someone to advise me in this regard.

 

Advance thanks for all.

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karira

Yes, if what you asked for was not very clear, the FAA could order inspection.

Can you pinpoint the exact pages that you require ?

If you can then you can file a second appeal against the order of the FAA.

But this will take time.

 

Alternatively, you can write back to the FAA that you cannot inspect since you are in Bangalore and it would be better if you are provided information.

Personally, I do not think the FAA will oblige you.

 

Why don't you start all over again and this time pin point the documents ? records you require ?

This will be the fastest way to get information.

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srene68

Thank you Mr.Karira,

 

Let me put the records straight, I have named each and every document by its specific nomenclature, hence it leaves with no room for confusion. As far as writing to the FAA is concerned, I have already done it.

 

I have indicated my inability to go to Mumbai to inspect the documents citing various reasons namely financial constraints, threat to me by vested interests when I go for the inspection, with a request to kindly provide me the documents as required and requested through by RTI application.

 

I have specifically requested the FAA to consider his decision on humanitarian grounds. But so far I have not heard from him.

 

But as of date, I am yet to hear from him.

 

srene68

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sharadphadke

If your information is vital for for you visit and get the copies, which are free in inspection.(to my little knowledge) Since PIO has put Sec.8 as obstruction getting copy by post may be difficult and FAA will not reply also as he has passed order. There is no provision as revision in FA. Only depends on your luck.

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jps50

In this case, second appeal is the only way out. FAA cannot compel you to inspect. He has to decide whether to supply information or not. You may file second appeal and send copies to FAA and PIO also. FAA may review his decision.

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karira

Second appeal is the only way out.

 

Argue that Sec 7(9) states that information will ordinarily be provided in the form it is sought.

You sought the information in the form of copies.

But you were instead offered "inspection".

Second appeal will take nearly a year to come up for hearing.

 

If you know some friends/family members from different cities....ask many of them to file applications.

In each application ask only for 2 or 3 documents.

Total of 8 such applications will be about 25 pages - that is what you wanted.

 

 

Very difficult for PIO to deny 2 or 3 pages to each applicant.

Will cost you more but then you will get it in less than 45 days.

 

Srene68,

 

When using RTI, thinking like God will not get you anywhere - will lead to disappointment.

Think like the Devil !

Dont try to be Bhagwan - be a Shaitan.

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srene68

To,

 

karira, jps50, sharadphadke,

 

At the outset my thanks and gratitude to you people for having taken time to answer my queries.

 

I am pondering over this issue and have not made up my mind yet. Another point I would like to mention is that the FAA has not specified any time frame for the inspection of records.

 

Will definitely keep you guys informed about the developments.

 

Thanks

Srene68

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sharadphadke

You have max. 90 days for appeal. It take at least 2 days to make and for post 5 days.(From the receipt of reply) So calculate the days based on this time frame and not what you feel.

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karira

Another point I would like to mention is that the FAA has not specified any time frame for the inspection of records.

 

The FAA should have provided a time frame for inspection.

Otherwise what is the point of passing an order without specifying the time limit ?

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