Sunday, August 19, 2012

Re: [HumJanenge] RTI Act -Se. 19 First Appeal: Advocate not allowed to represent

Shri Joshi

      It is legally not a  must for Appellant to be present for the appeal hearing, nor is there any bar for appellant being represented by and/or  accompanied by a representative. But taking an Advocate for the appeal hearing, in my view,  is  taking things too far. There is hardly any need for a professional advocate to be taken for the first appeal hearing.

     Many FAAs dispose of the appeals (in cases where appellant is not present for the hearing) based on what is stated in the formal appeal submission. In case appeal submission is made out properly, there is every chance of getting a proper response as well. In any case, if appellant is not satisfied with the Order passed by FAA, 2nd Appeal channel with Information Commission is always open.

   S K NANGIA  

--- सोम, 20/8/12 को, Joshi NM <naishadhjoshi@gmail.com> ने लिखा:

द्वारा: Joshi NM <naishadhjoshi@gmail.com>
विषय: [HumJanenge] RTI Act -Se. 19 First Appeal: Advocate not allowed to represent
To: humjanenge@googlegroups.com
दिनांक: सोमवार, 20 अगस्त, 2012, 9:19 AM

Hello,

Request for information was made u/s 6 properly.
Information was public record and no difficulty for giving it.

Time limitation is well over.
No information is provided or no reason is given for refusal to provide information.
In fact, no reply was given by PIO.

First Appeal u/s 19 is filed properly.

Appellate officer has granted hearing with clear instruction that: Appellant has to personally remain present and advocate will not be allowed to appear/represent the Appellant.

Questions are:
1.can Appellant be compelled to appear in person to conduct appeal?
2.can advocate be disallowed to represent on record the appellant by rejecting Vakalatnama filed with appeal memo.
3.if formal rejection of Vakalatnama is issued in writing, what recourse is advisable?

--
Best Regards,
-Joshi NM

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.