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SIC reprimands SVO; directs to decide case after hearing appellant
3/17/2016 10:49:09 PM
Avinash Azad

Early Times Report

Jammu, Mar 17: Reprimanding the FAA State Vigilance Organization for deciding case in absence of appellant, the State Information Commission has directed former to hear the case afresh after hearing the latter.
Hearing the deprived appellant, Rashu Kanna under file No: SIC/CO/SA/352/2016, Er. Nazir Ahmad, State Information Commissioner directed SVO to hear the case afresh after giving an opportunity to the appellant to put across his case.
"Appellant filed second appeal before the commission on 18.02.2016 raising an important point of law inter alia submitting that opportunity of being heard was not given to him by the FAA, Vigilance Organization before deciding the Appeal", the proceeding SIC read.
The proceeding further read that how there can be a decision unless both the parties are heard.
The appellant has sought relief to direct the FAA to observe the principles of natural justice while disposing of appeals under the Right to Information Act, 2009 so that a regime of transparency as envisaged in the Act is maintained in the functioning of public authorities.
The Commission has gone through the order passed by the FAA vide his order dated: 21.12.2015.
Perusal of the order of FAA reveal that while the FAA has called the record of the PIO for his perusal, there is nothing on record to indicate that opportunity of being heard was provided to the appellant.
During proceedings in the Commission today, the appellant agreed to the advice of the Commission that the FAA shall hear the case afresh after giving an opportunity of being heard to the appellant.
Accordingly, the appeal filed before the Commission is remanded back to the FAA, State Vigilance Organization with the directions to adjudicate the Appeal within two weeks after giving opportunity of being heard to the appellant. In case appellant is not satisfied/aggrieved with the decision of FAA, he may approach the Commission with a second appeal.
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