Regarding first appellate authority
VIVEK SHARMA
(Querist) 01 January 2015
This query is : Resolved
Respected Sir,
In a RTI matter first appellate authority ask me to present myself infront of him/her.So, i want to ask you that waht will be happened there and for what things i should be careful at that time and what documents i should required in front of him/her.
regards
Devajyoti Barman
(Expert) 01 January 2015
Just present your case. You need not be so anxious.
P. Venu
(Expert) 02 January 2015
RTI act do not reveal of any such powers vested in the First Appellate Authority to require the presence of the appellant.
Are you the appellant or the third party?
Rajendra K Goyal
(Expert) 02 January 2015
You may avoid to appear before the first appellate authority.
ajay sethi
(Expert) 02 January 2015
there is no harm in appearing before appellate authority
P. Venu
(Expert) 02 January 2015
In terms of Rule 19(5) of the RTI Act, the onus is on the PIO to prove that the denial of request for information was justified.
Dr J C Vashista
(Expert) 02 January 2015
Just appear before FAA and present your appeal in a forceful manner to prove it in your favour.
VIVEK SHARMA
(Querist) 02 January 2015
thanks a lot all the experts for your valuable suggestions.
VIVEK SHARMA
(Querist) 02 January 2015
Respected P.Venu Sir my friend is the appellant but all the information are related with me.
Regards.
Anirudh
(Expert) 03 January 2015
It is quite magnanimous of you to call the Appellant as your friend.
You are not coming clear on facts.
With my experience I can gather that your so called friend has sought some information concerning you through RTI (instead of asking you directly).
That the information being of third party (I.e. yours), the RTI authority has forwarded the same to you and sought your views (permission) whether you would mind if the application can be made available to the applicant (your friend).
You have objected to making available the information.
In view of your objection, the RTI authority denied the information to your friend on the ground that the information sought for by him relates to third party and cannot be made available.
Now your friend has appealed against denial of information.
The Appellate Authority is calling you to know from you the reason why you do not want the information to be supplied?
Instead of telling all these facts you simply put some query here.
P. Venu
(Expert) 03 January 2015
The appellate is required to hear the third party before providing the information personal to him/her.
VIVEK SHARMA
(Querist) 03 January 2015
Respected Experts,
I am telling you the complete matter in details.
I am a Delhi govt. teacher. I have availed some leaves on medical ground. Now my principal didn't provide my salary as well as other allowances(means on zero payments) from last three months without giving me any kind of information.I asked various times to him regarding this matter verbally as well as in written but he refused me to give any receiving of my written application.When i calculated my leaves from attendance register it is only approx. 25-30 days extra but neither he is giving me salary(on zero payment) from last three months nor try to look into this matter.
So, I asked some information regarding all this matter to my department but i asked my friend to get information on the behalf of his name. We are living together so the correspondence address is same.My department send it(RTI letter) to various schools coming under it and send us the bundle of all information as it is without changing which received by it from different schools.In those information many are having contradictions.So, we are unable to get the proper information means for the same question different schools provides different answers.How it is possible that under one department rules and regulations are varies according to schools? So, we file an appeal to FAA and due to the information asked by my friend they call him to appear. that's the matter.
Please advice me what i have to do.
Regards.
P. Venu
(Expert) 03 January 2015
When the information relates to you and the information was sought for your benefit, it is improper that your friend sought the information at your behest. Please note that law is meant to make things simple and straight forward, and not a handmaiden to cowardice.
T. Kalaiselvan, Advocate 
(Expert) 03 January 2015
You have been properly advised, better dont adopt such routes in future for anything or else you will land up in mess without knowing what to do next.
VIVEK SHARMA
(Querist) 04 January 2015
thanks a lot sir, it is done only due to lacking of proper knowledge as some seniors told me to use it not directly with my name. Sorry for that, i will not repeat this mistake in future. Really i am very lucky for getting guidance by you people.
thanking you.
Regards.
malipeddi jaggarao
(Expert) 07 January 2015
What is the information that you have sought under RTI Act?
What is the need to use RTI Act to get the information, as you are the employee of the organization and you have the administrative right to represent the matter with the next higher authority if you are not satisfied with your immediate superior's decisions?
Why have you asked your friend to seek the information when it is required by you.
Now, your department will ask him the same question as to why this information is required. He will definitely tell the truth that you have used him to get the information. Basing on this, the department may initiate action against you.
The best course is, let your friend do not appear before FAA. You will face embarrassing situations. You might have lost sympathy in the department by this time. Try to meet personally, the next higher authority of the Head Master and explain him/her your stand and there is no wrong in apologizing for the RTI application.
This is the instance of blatant misuse of RTI Act.
VIVEK SHARMA
(Querist) 08 January 2015
thanks a lot sir for your valuable suggestions.
regards.
