DEMOCRACY WILL BE UNDER THREAT, IF FAA DO NOT DISPOSE OF THE APPEAL WITH IN THE TIME FRAME PRESCRIBED BY THE ACT.
Democracy will be under threat, if RTI and the RTS Act adjudication may not prove success in the sincere and honest whole heartedly devotion to the process of the welfare of society and circle taking cognisance of the demand under public utility and maintained this practice of the work and conduct under threat where no one taking serious efforts to do needful under law code manual prefixed by the Constitution of India in this behalf particularly the Section 19(6) is clearly making FAA responsible for quasi judicial function, It is therefore necessary that the FAA should 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 FAA should be a speaking order giving justification for the decision arrived at. It is further mentioned in the matter that, if an appellate 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 duch 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 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 it is very clear from the above conclusion of the DoP&T memo number 10/23/2007 -IR dated 9-7-2007 , that no information should be kept pending by the PIO or the FAA after 45 days of the Appeal under RTI Act, 2005 and for which both are held responsible under section 19(6) of the RTI act, 2005 for which the FAA must examine the appeal judiciously and express his agreement with the decision of the PIO, mechanically, in the interest of justice to appellant and also to dispose of the appeal with in the time frame prescribed by the Act, as such the complaint of the PIO may also be referred to the higher public authority in case the PIO feels that intervention of the higher authority is required to get his order implemented:-- Er Fateh chand Guleria RTI welfare Association registered number HPCD 3552,Bilaspur Himachal pradesh phone number 9459334377
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