I filed an rti with a govt office and when they did not reply, i filed a first appellate letter. They have sent a regd postal communication to me in writing asking me to visit for a hearing in 3 days. Do i have to go? I don't want to be questioned. I want the rti reply in writing. What should I do? Should I attend? Or should I send them anything in writing insisting on proper rti response? Or wait for second appeal time and just file the second appeal ?
- Your appearance before the Appellate authority is not mandatory for the hearing of an RTI first appeal under the Right to Information Act, 2005.
- The said Appellate Authority can decide the appeal based on the records, however there is possibility that they need your appearance for knowing the details of the questions put by you.
- Hence, even if you will not appear then also they will send you the outcome of that appeal, as they are bound under the RTI Act.
not mandatory
2) send a email to the FAA stating that you do not wish to attend the hearing in person. Explicitly request that the appeal be decided on the basis of your written submissions already provided in your appeal memo.
3) Request the FAA to pass a "speaking order" directing the PIO to provide the requested information within a specific timeframe
Under the Right to Information Act, 2005, the procedure is mostly document-based, not oral. A hearing is not mandatory for the applicant. So you are not legally required to attend unless you yourself want to clarify something.
There is no provision allowing the department to force you to attend a hearing before giving the information.
You can send a reply in writing insisting that the decision on the first appeal must be given in writing, the information must be supplied as per your RTI request and a hearing cannot replace a written RTI reply.
You can send a letter in the following manner
Subject: First Appeal under RTI Act – Reg.
I refer to your notice calling me for a hearing regarding my First Appeal under the RTI Act.
Due to personal reasons I am unable to attend the hearing. I request that the appeal may kindly be decided on the basis of the records available and that the information sought in my RTI application be provided in writing as required under the RTI Act, 2005.
Kindly communicate the order of the First Appellate Authority in writing.
If you don’t want to go send a letter to be heard in your absence based on grounds of your appeal. It’s better you go and argue your appeal
Dear client,
Pursuant to the provisions of the Right to Information Act 2005, the First Appellate Authority has the authority to summon applicants for hearings when it deems appropriate in order to clarify matters. However, applicants do not have to attend the hearing. Applicants have the right to request and receive information in writing.
If you do not wish to attend the hearing, you may submit a written response via email or registered mail to the First Appellate Authority stating that you are unable to attend the hearing due to other commitments, and request that the appeal be considered based on the written record. You should also specify in your request that you still prefer to receive the information in writing as you will have indicated in your original RTI application.
It would be wise to retain a copy of this correspondence for your own records. The authority must then issue a decision with respect to your first appeal. If you receive an adverse decision or no decision is rendered within the time required by law, you may then file a second appeal with the Central Information Commission or with the appropriate State Information Commission.
As such, attendance at the hearing is optional. Submitting a written request for a decision to be made based on the written record and awaiting a decision from the First Appellate Authority is a reasonable step before filing a second appeal.
If you have any query please feel free to contact us
