DECIDING APPEALS IS A QUASI-JUDICIAL FUNCTION, SO FAA RESPONSIBLE TO FOLLOW AGREEMENT JUDICIOUSLY AND GIVE JUSTIFICATION OF THE DECISION ARRIVED AT HIS END
It is very necessary to follow instructions on the disposal of first appeals under the RTI Act, 2005 and where in it is described under section 19(6) of the RTI act adjudicated that deciding appeals under the RTI act is a quasi judicial function, it is therefore necessary, that the FAA should see to it that the justice in not only done but it should also appear to have been done. In order to do so, the order passed by the appellant authority should be a speaking order giving justification for the decision arrived at. If an appellant authority comes to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the PIO, he may either (1) pass an order directing the PIO 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. So, keeping in view the above agreement with the decision making by the FAA, it is necessary to follow appeals before the FAA in the interest of judiciously examine the appeals with the decision arrived at by the right to information and prescribed with in the frame work of the RTI act adjudicated in this behalf, instead of taking second appeal before the State information commission or the CIC as the case may be, as such the decision of DoP&T issued vide number 10/23/2007 dated 9-7-2007is following above disposal of the information under RTI act adjudicated where appeal before the FAA mechanically agreed for the disposal under section 19(6) of the RTI act as FAA is judiciously responsible for deciding the second appeals:-- Er Fateh Chand Guleria, RTI welfare Association registered number HPCD 3552 Himachal pradesh phone number 9459334377 .
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