Fwd: Fw: Disposal of my appeal dated 27/01/2014 not in conformation of Section 6 (3) & 7(5) of the RTI Act and without hearing is illicit secy_mop Nov 17 at 3:17 PM [email protected] CCme ----- Forwarded Message ----- From: jagdish rawat To: [email protected] ; [email protected] ; [email protected] Cc: [email protected] ; [email protected] ; [email protected] Sent: Saturday, 15 November 2014 3:39 PM Subject: Disposal of my appeal dated 27/01/2014 not in conformation of Section 6 (3) & 7(5) of the RTI Act and without hearing is illicit 1 CENTRAL INFORMATION COMMISSION (Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066) File No.CIC/SA/A/2014/000254 Appellant : Mr. R.K.Jain Respondent : Department of Legal Affairs Government of India Date of hearing : 21-10-2014 Date of decision : 12.11.2014 Information Commissioner : Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Referred Sections : Sections 3, 4, 7(9), 19(3)of the RTI Act Result : Appeal allowed/ Disposed of Summary: 1. Passing orders in first appeal without hearing or sending hearing notice is illegal and will render the order invalid. The Commission sets aside the order of First Appellate Authority for violating RTI Act and breach of natural justice by denying the appellant a chance of presenting his case and by raising entirely a new defence which was never claimed. Commission finds it deserves action though the concerned officer retired from service and recommends Public Authority to initiate disciplinary action against the concerned FAO for acting totally against the RTI Act in this case. 2. When huge information/record sought pertains to a larger period such as ten or more years, which does not attract Section 8 or 9, the best way of realization of right to information is to facilitate inspection. It will help the appellant to select the relevant documents and seek copy of only those documents found relevant instead of copying huge number of files unnecessarily involving huge expenditure and time for both parties. The public authority should create a specific and convenient place for facilitating inspection taking enough care for security of records. If someone wants copy of entire record of the office, it may not be possible or reasonable besides attracting the restriction under Section 7(9). If the records pertaining to areas exempted from disclosure are separated and the public records are 2 Attachments Download all 984410767 .txt Download secy_mop .vcf Download
Posted on: Wed, 19 Nov 2014 05:41:51 +0000
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