The issue is not about Godfathers or being given individual hearings. Rather it is about the PIO having to PROVE his denial of information at every appellate stage. The necessity of personal hearing is only one of the ingredients of the evidentiary process.
Appeals are formal processes and well regulated by rules of procedure. The process starts with the PIO having to submit a written counter (duly verified) opposing the grounds of the appeal. The Appellant may thereafter further rebut this counter. Once the written pleadings are complete any further oral arguments are to be strictly limited to clarifications / interpretations of the material on record. If any oral submissions are made, it is mandatory for a written statement of the same to be filed THE SAME DAY (or the next day with the leave of the court). It is also trite that copies of all documents filed must be available to all parties. It is necessary that the appellant keep placing material on the record (duly acknowledged/served) pointing out deficiencies in the procedurals. Public servants are only scared of this - deviation from rules / procedures is what fucks them in the end - and they know this very well. The adjudicating authority cannot go beyond the pleadings/material record. Every decision of the adjudicating officer must be sufficiently reasoned for a subsequent appeal. Routine decisions like "I find merit in the PIO's contentions and uphold the non-disclosure of information" must be opposed. I strongly advise VIGILANCE complaint to be made against first appellate authorities who do not follow the procedural mandatories listed above. This can be done separately from (and in addition to) the 2nd appeal process and will culminate before a Lok Ayukta. Sarbajit --- In [email protected], LESLIE ALMEIDA <lesals2...@...> wrote: > > > MY EXPERIENCE AT RTI 1ST APPEAL POLICE > > Citizens staying from Bandra west to Jogeswari west mumbai have to file 1st > appeal to Assistant Police commissioner . Police Commissioners office (west > division ) carter road Bandra west Mumbai 400050 with two copies of > application one of which goes to the local police station. for appeals the > citizens are called for hearing at DCPâs office Bandra Police station > I went for the said 1st appeal hearing, where there was a many citizens from > Bandra to Jogeshwari, the DCP did not conduct hearings but instead a IPS > officer above DCPâs office was to take the hearings, PIO as there is only > one from Bandra to Jogeshwari was present (smart Guy ) along with one Police > PSI of local Police station, the PSI Police officers were smartly dressed > with their caps on, all theses Police officers were summoned > Inside the chambers of the IPS officer and for 15 minutes were being briefed > by the 1st appellate authority, after which they all came out, A Police > inspector at Bandra Police station then came out and told all the applicants > to Go home, Appellate authority should give individual hearing to the > applicant as per the RTI act I protested that personal hearing of > individual citizens were not held as, and that I would like to meet the 1st > appealant authorities, I was granted permission, I asked the 1st appeal > authority why personal hearing were not held and all applicants were asked to > go away, he gave some vague answer, this is against the spirit of the RTI > act, they do so because they have their God Father SIC who will never give > adverse orders against them, > > Leslie Almeida >
