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Yog Raj Wadhwa   10 August 2024

Personal hearing under rti act

Can the First Appelite authority call for a personal hearing when no reply has been teceived from the PIO?

If yes u7nder what section / sub section of RTI Act.

What panelty can be imposed on the PIO for the second offence of the same nature.

Can the Applicant seeking information from Delhi MCD under RTI Act can ask for the fine on PIO for not providing the information with in the stipulated time of 30 days. 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

First Appeal: After the expiry of the 30-day period, if you have not received a response, you can file a first appeal with the First Appellate Authority (FAA) of the concerned public authority. The FAA is an officer designated to hear appeals against the decisions of the Public Information Officer (PIO). Time Limit for First Appeal: The first appeal should generally be filed within 30 days from the date when the reply was supposed to be received or from the actual receipt of the response (if received after the stipulated time). Second Appeal: If the first appellate authority also fails to respond within the specified time or if you are dissatisfied with their response, you can further file a second appeal with the relevant Information Commission. Each state in India has its own State Information Commission (SIC), and at the central level, there is the Central Information Commission (CIC) to handle second appeals.

Time Limit for Second Appeal: The second appeal should typically be filed within 90 days from the date when the decision should have been made by the first appellate authority or within 90 days from the actual date of receipt of the decision.

Yog Raj Wadhwa   10 August 2024

Thank you Mr. T Kalaiselvan for the prompt response.

I will be obliged if yiou can give your views on the specific questions, as, a few days back in another instance when I was asked to be present for the personal hearing, northing was asked from me except directing the PIO to give the reponse

  1. Can the First Appelite authority call for a personal hearing when no reply has been received from the PIO? Is it mandatory for me to be physically present?
  2. If yes under what section / sub section of RTI Act.
  3. What panelty can be imposed on the PIO for the second offence of the same nature.
  4. Can the Applicant seeking information from Delhi MCD under RTI Act, ask for a fine to be imposed on PIO for not providing the information with in the stipulated time of 30 days. 

T. Kalaiselvan, Advocate (Advocate)     11 August 2024

  1. If you are not present physically then they may decide the issue in your absence which may be adverse to you, hence better not to take risk.
  2. The summons sent by the authorities concerned will quote the relevant section too.
  3. Cannot be predicted.
  4. The applicant may seek compensation for his mental agony 

Sudhir Kumar, Advocate (Advocate)     11 August 2024

It is not obligatory for applicant to attend hearing and his right of getting information does not extinguish if he is not present on the fixed date.  have handled hundreds of Appellate cases decided in favour (or against ) the applicant, regardless of his presence before FAA.


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