In my opinion, the first step after a 1st or 2nd appeal is filed is for the Appelate Authority to expect a rejoinder (or written statement) from the Respondants viz the PIO and/or the FAA thereon. Pl note that a copy of such appeals is always sent by the appelant to Respondants viz the PIO and/or the FAA which must be replied to by the respondants immediately after receipt. Only after the Respondant's reply is recieved, the Appelate authority may fix a date for hearing. If no reply is recieved from the Respondants within some prescribed time (which could be fixed now as a rule), the appeal should be decided unilaterally and the PIO directed to supply the info asked for with penal action for default. This will reduce the pendancy of appeals, result in fast disposal, reduce red tape and ensure early action on RTI applications. The fundamental reality is that implementation procedures require proper systems and not be such as to promote harrassment.
mksinghal
________________________________
From: Gopalkrishnan iyer <
iyer_ga@...>
To: rti4emp yahoo <
rti4empowerment@...>; urvi sukul singh <
usukulsingh@...>
Sent: Sun, 1 November, 2009 8:02:07 PM
Subject: RE: [rti4empowerment] To RTI Experts- Futility of Appeals & hearing
Dear all,
Which ultimately means that If I am asked to attend a hearing ( which is in my least interest) abiding by the existing law/rule I have to keep quiet if reason is asked! So the question is whether the applicant has to give hearing or applicant to be heard and in case of the latter what is to be heard is written in the application and all that I have to insist is to read my application and give me the information sought for obvious reason as I opt for furnishing no reason
If I keep quiet what could be the order that may be passed? A second appeal and and then court or leave it at that ?!!!
Thanks
Iyer GA.
--- On Sun, 1/11/09, urvi sukul singh <
usukulsingh@...> wrote:
>From: urvi sukul singh <
usukulsingh@...>
>Subject: RE: [rti4empowerment] To RTI Experts- Futility of Appeals & hearing
>To: "Gopalkrishnan iyer" <
iyer_ga@...>, "rti4emp yahoo" <
rti4empowerment@...>
>Date: Sunday, 1 November, 2009, 11:20 AM
>
>
>
>The process of appealing is part and parcel of the "fair hearing"element of dispensation of justice and its logical culmination- that is my feeling-and answer at this point in time when my current knowledge is still limited.
>In fact, the administration of justice is best served when matters do not proceed to appeal---but, then, there are levels of experience and wisdom for which the system has to cater and. indeed, respond to--hence appeals.
>There should be sanctions against PIOs trying to go into "reasns" as that is against the spirit of the Act.
>Regards
>Urvi
>
________________________________
To: rti4empowerment@ yahoogroups. com
>From: iyer_ga@yahoo. com
>Date: Sun, 1 Nov 2009 07:21:11 +0530
>Subject: [rti4empowerment] To RTI Experts- Futility of Appeals & hearing
>
>
>
>Dear All,
>
>Notwithstanding the fact that I am an RTI activists I am a little disappointed having not received any comments or advise on my below message to shirk of my apprehensions
>about the futility of the whole act.
>
>In the light of the fact that one need not furnish reason for seeking any information I failed to understand that what is there to be appealed for or heard in a hearing other than telling the reason, directly or indirectly. Is it not, then, unworthy of common man to chase this mirage 'seeking information under RTI act"
>
>I shall be immensely thankful for your clarifications and or guidance
>
>Regard/ Iyer GA
>
>--- On Thu, 29/10/09, Gopalkrishnan iyer <iyer_ga@yahoo. com> wrote:
>
>
>>From: Gopalkrishnan iyer <iyer_ga@yahoo. com>
>>Subject: RTI Act- Where does the question of Appeals and Hearings arise ?
>>To: rti4empowerment@ yahoogroups. com
>>Date: Thursday, 29 October, 2009, 8:01 PM
>>
>>
>>Dear All,
>>
>>If my understanding is correct any Indian can seek any information, other than what is prohibited, without furnishing any reason as to why he needs the information. In most cases the replies from the PIO is negative, irrelevant or calling for means to follow up which a common man cannot afford in terms of time and money. In the process, whatsoever, the applicant is advised or pushed to 1st appellate and then 2nd who invariably fixes a hearing.
>>
>>In this particular situation I am at loss to understand who should hear whom, whether applicant should hear Appellate or vice versa. As the applicant does not have to furnish reason for seeking information he would not have any thing to plead other than insisting for information he sought. In such a situation, could any activist offer thro this colomn what should be the agenda, as far as the applicant is concerned, if such hearings are fixed. If you don't attend that is the end of the story and one can at his will start the next cycle!
>>
>>Who ever is attending such hearing speak out, knowingly or unknowingly, the reason for seeking information( since only the applicant knows what for he applied (PIOs and others,
>>for certain, know the reason and in order not to furnish info despite knowledge they all would pretend to sleep!) Are we not, in that case, cheated by the PIOs and Appellates ?
>>
>>In short the hearing is only for finding out the reason for seeking information, understand the perseverance and strength of the applicant and his 'connection' and accordingly Appellate authority can deal with the matter ! Hen came first or the egg ?
>>
>>I would be pleased to receive comments on my observation above
>>
>>Regards/ Iyer GA
>>
>>________________________________
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