Rti
Arvind Singh Chauhan
(Querist) 02 April 2012
This query is : Resolved
whether it is necessary to appear before appellate authority for applicant/ appeallant ?
Whether lawyer can be appointed for that purpose?
Shonee Kapoor
(Expert) 02 April 2012
:-)
You can appoint a lawyer as well.
But if you who is asking for information, appears that is best.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv. Chandrasekhar
(Expert) 02 April 2012
In appeals, appellant's personal appearance is not mandatory, but can be represented by his counsel.
Raj Kumar Makkad
(Expert) 02 April 2012
Arvind! You are a lawyer and expert in LCI. I can never think that such type of question shall be raised by you....
Arvind Singh Chauhan
(Querist) 03 April 2012
Sorry Sir,
AP TO JANTE HI HAIN, DHOBI KE KHUD KE PADE GANDE HOTE HAIN, AUR NAI KE KHUD KE BAL LAMBE.
Sir if any person is unable to appear before appeallate authority, is there any adverse effect ?
This is may personal matter. My relative applied for registration of marriage, her husband was in army. Registrar refused to register because husband was not present. I intervened and requested to registrar that personal presence of both spouse is not necessary if husband is serving in Army, lunatic etc.
There is specific provision in Uttarakhand registration of marriage Act. But Registrar ignored and refused to register saying that husband has to be appear.
I asked under RTI. Whether appearance of husband who is serving in Army is necessary along with wife at the time of registration of marriage ? They provided vague answer ? I appealed. There is direction to appear for information officer to appear,but for me " It is expected to appear " word is written.
I am not so much interested in the matter now, and busy on that day ? But I want to teach lesson.
Raj Kumar Makkad
(Expert) 03 April 2012
1. No. There shall not be any adverse impact on this ground as his appearance in person is generally not required.
2. Lesson to whom?
Appellate authority has given chance to the querist to come and put his case. He can put his case even through his duly appointed POA holder or a lawyer. So you should not miss this chance.
Arvind Singh Chauhan
(Querist) 03 April 2012
Thanks Sir,
I will represent my self through advocate there.
Sir I want to teach lesson to arrogant, registrar who is on such a responsible post. He was saying that " Vakil Sahab aap kanoon kahin aur dhikhaiyaiga ".
There is provision of punishment to registering authority, of 6 month in Uttarakhand registration of marriage Act, if registrar refuse to accept the application. He returned registration application with comment that " Registration is withheld until husband appear in person ". But Now as usual my relative lady do not want to indulge herself in any complication and is not ready to file complaint.
Guest
(Expert) 03 April 2012
Dear Arvind,
I hope, you can well understand the difference between submission and direction. Any authority, who is supposed to take a decision in any case is considered as a judge of the cause and his satisfaction is a must before taking a decision, or delivering a judgment, or even registering a marriage.
So, please forget about teaching a lesson to the registrar. He was not supposed to decide the case as directed by any one, may be a lawyer. You could well have requested appropriately the Registrar to exempt the husband from appearing in person with submission about compelling grounds.
umapathi.s
(Expert) 04 April 2012
The question raised by shri. Arvind is in context of RTI Act. Sir, RTI Act doesn't speaks about the appearance of the appellant before the Appellate Authority. However, various decision of CIC says that hearing should be given to the appellant and the appellant may or may not appear before him. All that is required is due application of mind and speaking order on the part of Appellate Authority.in many instances, the Appellate Authority has disposed the appeals without giving opportunity of hearing. This is noticed even in case of Information Commission also. if you intend to appear before the Appellate Authority, please mention in the appeal petition itself that you be given the opportunity of hearing and in such cases, you will be given the chance to appear before him and make submission.
