GOVERNMENT OF INDIA'S DECISION, FOR FIRST APPELLATE AUTHORITIES, RESPONSIBLE FOR MAKING DETAILED AND A SPEAKING ORDER

The first appellate authority has a very important role under the RTI Act, 2005 , The independent and judicious examination of Appeals by the First appellate authority would lead to higher satisfaction to the Appellants. This would, in turn, result in less number of second Appeals to the information Commission. (2) The information sought by an applicant should either be supplied to him by the public information officer or his application should be rejected within the time prescribed under the Act. If additional fee need be charged from the applicant, timely communication in this regard should be sent to him. (3) If the applicant does not receive information or decision about rejection of request or communication about payment of addition fee within the specified time, he can make an appeal to the first appellate authority. Appeal can also be made if the applicant is aggrieved by the decision of the public information officer regarding supply of information or the quantum of fee decided by the public information officer. The applicant may prefer the first appeal within thirty days from the expiry of such period or from the receipt of such a decision of the public information officer. (4) The first appellate authority may admit the appeal after expiry of the period of thirty days if he or she is satisfied that the appellate was prevented by sufficient cause from filing the appeal in time. (5) A third party can also prefer an appeal to the first appellate authority against the order of the public information officer to disclose third party information. Such an appeal shall be made within thirty days from the date of the order. (6) Disposal of Appeal:- While disposing of first appeals, the FAA should act in a fair and judicious manner. It is very important that the order passed by the FAA should be a detailed and speaking order, giving justification for the decision arrived at. (7) If an appellate authority while deciding an appeal comes to a conclusion that the appellant should be supplied information in addition to what has been supplied by the public information officer, he may either (a) pass an order directing the public information officer, to give such information to the appellant;or(b) he himself may give information to the appellant. 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 appellant authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter. (8) If, in any case, the public information officer does not implement the order passed by the appellate authority and the appellate authority feels that intervention of higher authority is required to get his order implemented, 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 provisions of the RTI Act. :-- Er Fateh chand Guleria, Director, RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377