FUNCTION OF FIRST APPELLATE AUTHORITY IS VERY IMPORTANT UNDER SECTION 19(6) OF THE RTI ACT, 2005 AND IN CASE OF NON -COMPLIANCE, THE INTERVENTION OF HIGHER AUTHORITY IS ALSO APPROVED FOR ASSURED COMPLIANCE BY THE FAA
The Appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within forty five days of the receipt of the Appeal. Wherein, if an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be , or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority, who is an officer senior in rank to the public information officer, Such an appeal, should be filed within a period of thirty days from the date on which the limit of thirty days from the date on which the limit of thirty days of supply of information is expired or from the date on which the information or decision of the public information officer is received. The above provision of the time limit has been given in the scheduled exception related to the Section 19(6) of the RTI act, 2005 , wherein deciding Appeals under the RTI Act is a quasi -judicial function. It is therefore, necessary that the appellate authority 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 Appellate authority should be a speaking order giving justification for the decision arrived at. Keeping in view the above conclusion made by the Act ibid, it is necessary that if the public information officer doesn't supply the said information to applicant the FAA himself may supply the information to the applicants and in case of further dispute the matter may be brought to the notice of the higher authority for intervention in the matter and for which said competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act, 2005 :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377
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