APPELLANT MAY ASK FAA AFTER 45 DAYS TO FOLLOW SECTION, 19(6) OF THE RTI ACT, 2005 AND FOLLOW SECOND COURSE OF ACTION FOR ISSUE COMPLETE INFORMATION, HIMSELF, INSTEAD OF AN ORDER TO THE PUBLIC INFORMATION OFFICER

Friends, It is necessary to follow Government of India's decision for disposal of First appeals under the RTI Act, 2005 , where in it is directed by the CIC to FAA regarding to examine the appeals judiciously and do needful mechanically to comply with the directions to furnish information to the appellant by use and exercise of the Section 19(6) of the RTI Act, 2005 , as such deciding appeal under the RTI act is a quasi -judicial function, hence it is necessary to see that the justice is not only done, but it should 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, however it is for the appellant to report compliance for correct, complete and accurate information and in case part information is yet to be received from the public information officer, the matter may be brought to the notice of the FAA and Appellant is responsible to satisfy the FAA for releasing correct complete and accurate information, where the  FAA may himself give information to the appellant while disposing of the appeal, but satisfaction of the public authority is required to order, even though and more over, FAA may bring such issue and matter to the notice of the higher authority, in case the public information officer is not doing needful under the RTI act, 2005 , he should bring the matter to the notice of the officer in the public authority competent to take action against the public information officer. Such competent officer shall take necessary action , so as to ensure implementation of the provision of the RTI act, 2005 . So keeping in view the above guidelines of the DoP&T memo dated 10/23/2007-IR.dated , 9-7-2007 , it is becoming necessary for the appellant also to follow description made by the law and Act for doing needful under the provision made for enforcement of order to public information officer and wrong deal of case by the public information officer and intervention sought for action against the public information officer but the procedure is required to be adopted under such situation and position of the non compliance by applicant, where in there is no reason to deny for the information pending before the FAA, even after, 45 days of the cross and pass of the First appeal, so proceedings of the first appeals should have a quasi-judicial function at the level of the FAA after an end of 45 days, as per the decision making suggested for the FAA to record in writing the reason for not deciding the appeal within 30 days::-- Er Fateh chand Guleria, Director, RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377