Rti - appellate authority - dispose of first appeal

Dharma (Querist) 10 April 2012 This query is : Resolved
According to guidelines issued under RTI Act by central and some state governments -
(A) 'deciding appeal is a quasi judicial function',
(B) 'appellate authority should see to it that the justice is not only done but it should also appear to have been done'
(C) 'order by Appellate Authority should be Speaking Order'.

My questions are-

1- What is the meaning of statement C

2- Under the RTI Act and in the view of these three statements of guidelines, what is the procedure of dispose off first appeal.

3- Is it neccessary for Appellate Authority to call both parties (Information Officer and Applicant) and hear face to face, then pass the order. I have seen that some Appellate Authorities following this procedure but some are not.

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Deepak Nair (Expert) 10 April 2012
Academic query.

Shonee Kapoor (Expert) 10 April 2012
Well reasoned order/

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Expert) 10 April 2012
1) Speaking Order denotes that acceptance or rejection of any plea made in the appeal should be fully justified by quoting valid reasons by the Authority deciding the case.

2) There is no question first or subsequent appeal to any single appellate authority, as only one appeal lies to the first appellate authority. As a procedure, the appeal has to be decided with particular reference to the appeal vis-a-vis the original decision along with back up material based on which the judgement/decision was arrived at.

3) Not necessary.

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