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Kishan Singh   02 January 2021

Personal appearance before F.A.A. under RTI Act

I have filed an RTI application, but CPIO has not supply me information within stipulated period. I have filed first appeal before FAA and he send me notice for personal appearance rather supply me reply in writing. Now I wish to know is it mandatory appear before him in person? because neither I want to appear before him person ally, not send any representative, can he closed my case on this reason, or I should proceed before CIC?.


 6 Replies

Kishor Mehta (CEO)     03 January 2021

You may not attend personally, he will pass an order on the merits of the complaint. You may then proceed with second RTI appeal to the CIC/SIC if you are not satisfied with the order. Remember use of RTI is valid for information purposes only. 

Pradipta Nath (Advocate)     03 January 2021

No it is not mandatory for person to appear. The Officer can request for personal appearance but cannot mandate.

He cannot close your case due to your non appearance and will decided it as per the merits. You may prefer appeal.

P. Venu (Advocate)     03 January 2021

What is the constraint in appearing personally?

G.L.N. Prasad (Retired employee.)     03 January 2021

Even appearing for a personal hearing in the Second Appeal is not mandatory.  As a quasi-judicial authority, the FAA must follow principles of natural justice.  An appellant can simply write thanking him and excusing himself from attendance stating prior commitments and can file written submissions.  Experts always treat such First Appeal Hearing a very great opportunity as the chances of getting such information are more through personal appearance and to show sincerity in getting such information for bringing a logical end.  A bonafide appellant must use such an opportunity though it is not mandatory.

Actually, the burden of proof that correct and complete information provided rests only on PIO in first and second appeal hearings.  Appellant must remain as a silent spectator.  Unfortunately, FAAs and ICs cross-examine appellants and PIO enjoy the show when it is his burden to provide that information was provided.

Dr J C Vashista (Advocate)     04 January 2021

Not compulsory or mandatory.

But it would be in your interest to appear or send some authorised representative.



No, it is not mandatory. 


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