Right to information act
nagarajupatro
(Querist) 27 February 2012
This query is : Resolved
dear experts Good Evening
Pls suggest me in the following issue
X filed a application under right to information before the tahsildhar but he did not turned up. the applicant filed appeal before the Revenue Divisional Officer seeking certain information on the ground of non supply of information by the tahsildhar, then the Revenue divisional Officer issued notice to the appellant and called for hearing.
The appellate authority has right u/RTI to make inquiry and hearing of the appellant or he has to pass order basing the document and record available regarding the said application for information and appeal grounds.
Is it manadatory for the appellant autority to call for hearing the party? Under what provision?
If the aparty fails to appear what will be the next step?
Sudhir Kumar, Advocate
(Expert) 27 February 2012
your questions are replied as under :-
Is it manadatory for the appellant autority to call for hearing the party?
Ans ; No. If the nature of query does not so required. It is beneficial for the applicant to put his point.
Under what provision?
Ans : No provision
If the aparty fails to appear what will be the next step?
Ans : that depends upon the decision.
Raj Kumar Makkad
(Expert) 27 February 2012
Natural justice is the prime and core issue before any authority so if the appellate authority conducts the enquiry by calling opportunity to both the parties to put their version before him then it is more than good procedure for both the parties but this enquiry and decision shall come within the stipulated time provided in the Act.
Shonee Kapoor
(Expert) 28 February 2012
The appellate authority can request presence for the hearing, but non-appearance doesnot cause any prejudice against the applicant.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
