ROLE OF FAA IS MORE IMPORTANT UNDER QUASI-JUDICIAL FUNCTION AS DECLARED RESPONSIBLE FOR jUSTICE TO HAVE BEEN DONE IN THE REAL SENSE OF EXAMINATION FOR SPEAKING ORDER WITH JUSTIFICATION

As per directions of the Government of India, deciding appeals under the RTI Act is a quasi-judicial function of the Appellate authority and hence it is necessary for the appellate authority to see to it that the justice is not only done but it should also appear to have been done. In order to do so, the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at. Keeping in view the above directions of the DoP&T memo dated 9-7-2007 the RTI is working as a weapon to use said agreement of the parliamentary democracy as a measure of access to information where decision taken by the FAA is more important than the decision making by SIC or CIC, as the case may be, where in the appellate authority has to come to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the Public Information Officer, he may either (1) pass an order directing the Public information officer to give such information to the appellant or(2) he Himself may give information to the appellant while disposing of the appeal. In the first case, the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellate authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter. As such RTI activists and volunteers working on the captioned subject matter deliberation under law code manual have too a right to request and pray before the FAA to have justice instead of codal formalities only and where the role of the FAA is more important than the Commission , as taking no cognisance of the delay and dereliction of duty for which the Second Appeals are considered by the notice taken for justice against the wrong interpretation of law and misleading information however the Commissioners are reluctant to follow delay and disciplinary action against the PIOs and generally ignoring the penal action where as the role of the Commissioners considered important for the efficiency in administration and taking cognisance of the penalties and the disciplinary action against the defaulters :-- Er Fateh Chand Guleria, RTI welfare Association, registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number 9459334377