Appellate authourity
Querist :
Anonymous
(Querist) 28 October 2011
This query is : Resolved
Some laws like RTI Act 2005, Arms Act 1959 have provision for Appellate Authourity. What is the legal reason behind this provision in law? Is it some form of Constitutional requirement? Without Appellate Authourity will these laws become legally deficient in some manner?
ajay sethi
(Expert) 28 October 2011
the objective of having an appellate authority is to provide a grievance redressal mechansisny to anyone who is aggrived by the order of licensing authority in refusing to grant a licence in the Arms Act . to prevent abuse of power , arbitrary actions by sanctioning authroity
Raj Kumar Makkad
(Expert) 28 October 2011
Right to appeal is an essence of judicial system and a relief for a general litigant who is not satisfied with the judgment passed by lower court/authority/tribunal. The right to appeal is a part of those Acts you referred.
Querist :
Anonymous
(Querist) 29 October 2011
Gentlemen thank you for your replies.
@ Mr. Sethi
Since appellate authourities under Arms Act are also part of executive. Very rarely executive overturns the decision of another executive. The net result for applicant is waste of time and finally has to go to High Court for writ.
@ Mr. Makkad
Very true the right to appeal is essence of judicial system i.e. audi alteram partem. But these appellate authourities are not part of the judiciary. They are part of executive. Very rarely executive overturns the decision of another executive. So how is this part of judicial system? The net result for applicant is waste of time and finally has go to High Court for writ.
mahendrakumar
(Expert) 29 October 2011
dear anonymous,
on a general angle,I subscribes to your views.
eventhough,those appellate authorities are part of the executive,they do provide some sort of redressal mechanism,most of the times.
It is also a fact that these appellate authorites do not function as the way they were intented to function.
Shailesh Kr. Shah
(Expert) 29 October 2011
only parlimenent have power to make law for accountability of authorities to be fixed.
Guest
(Expert) 29 October 2011
Dear Anonymous,
The points raised by you in your supplementary post in reply to S/Shri Sethi and Makkad are quite valid in most of the cases. No doubt all the appellate authorities are not rational, but several of the appellate authorities do perform their functions quite rationally also and try to do justice to the appellant.
Of course there are several other reasons and factors also where either the appellate authorities do faulter in discharging their responsibility according to law or are not able to get convinced. For example, their dependence solely on their biased or egoistic subordinates in processing the appeals, shortage of time to properly analyse the points of appeal, irrationally fixed targets for them to dispose of certain fixed number of cases along with other routine and urgent jobs, imperfection or lack of appropriate legal knowledge, improper presentation of the case by the appellant or his counsel, appeals filled with junk materials more than to the point basic facts, etc.
Raj Kumar Makkad
(Expert) 29 October 2011
I endorse the views of Sh. Dhingra ji.
prabhakar singh
(Expert) 29 October 2011
I agree with the Author that most of the time these appeals are found artificial ornaments of a legislation just to show off that there is a systematic judicial system recognized but in practice they never serve the purpose .
If legislatures really intends to serve the purpose of appeals,the appellate jurisdiction must be vested in judiciary.
But in this country an assault was made on judicial powers in the regime of late Smt.Gandhi,the executive was further more strengthened for creating political dominance and even judicial powers were snatched,a burning instance may be recalled that at then District judge used to be the District registrar but the same since then has gone to ADMs.
mahendrakumar
(Expert) 01 November 2011
dear Mr.Dhingra,
what ylou are talking may be the other side of the coin.
however,as an rti activist ( I had already raised about more than 100 rti on various subjects/authorities and helped many),I have seen many appellate authorities including the state SIC making a mockery of the rti act.
Like many other similar act,initially,it has provided many useful informations.
Most of the authorities have become very smart in replying your queries without divulging the requested information.
Mr.Anonymous who had raised this query might have similar experience.
Guest
(Expert) 01 November 2011
Dear Mahendra Kumar,
I don't know what actually you want to prove wrong in my reply when even the starting sentence of my reply states, "The points raised by you in your supplementary post ........ are quite valid in most of the cases."
It clearly seems you have not properly gone through my answer and you have just raised your finger on the 2nd paragraph of my reply, while those facts cannot also be denied. As an RTI activist, if you also would try to raise some questions merely by reading between the lines, you can also get evasive replies from the appellate authorities confirming the views of the Public Information Officers.
If you have some solid proof of bias of the appellate authority, who prohibits you not to sue him and ask for appropriate compensation even?
However, the fact cannot be denied that not only about CIC, several of the Government Authorities in almost every Government Department, wherever possible, try to make mockery of law and prescribed rules thereunder just to stress upon their authority and satisfy their ego. On the other hand, it may also not be wrong to state that some RTI activists just try to blackmail the PIOs and Appellate Authotities that may be the possible cause of bias and evasive replies by them.
mahendrakumar
(Expert) 01 November 2011
dear dhingra,
I have nothing against you and as such no question of raising a finger .
while agreeing with likely cases of misutilisation of rti,I do not understand,as to why should an rti activist black mail a PIO?
whatever,I have wrote purely based on my personal experience. Rarely do a FAA or SIC turn against a PIO. I feel these posts are given most of the time in return of "favours received or given".
due to lack of money and time,usually people like me could not go beyond SIC/CIC . as the querist has rightly pointed out,for getting a proper remedy,many a time,one has to move a writ at HC level.
anyhow thanks to all inlcuding you and the querist for such lively discussion.
malipeddi jaggarao
(Expert) 02 November 2011
I fully agree with the comments of Mr.Dhingra. At the same one should agree appellate authorities like CIC (second appellate authority) are many times vibrant and their decisions go against the PIO/first appellate authority (within the institution from whom the applicant seeks information).
Querist :
Anonymous
(Querist) 02 November 2011
Mr. Mahendrakumar said "Mr.Anonymous who had raised this query might have similar experience."
Very true, the experience of arms license applicants with appellate authorities under Arms Act 1959 is very negative even though arms are fundamental right under Part III of Constitution of India. This has been said in numerous HC judgements as well as explained in detail by someone here http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp This can also be seen with number of writ petitions regarding this reaching High Courts and getting favorable verdicts.
I agree with Mr. Prabhakar Singh that appellate authorities are most of the time artificial ornaments of a legislation.
