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This is an archive article published on August 10, 2011

Move first appellate authority for information,says panel

Punjab State Information Commission decided that it was advisable that the applicant first move the FAA.

Should an aggrieved RTI applicant information-seeker approach the first appellate authority (FAA) or directly move the information commission? A full bench of the Punjab State Information Commission on Tuesday decided that it was advisable that the applicant first move the FAA.

The bench,comprising CIC RI Singh and members Ravi Singh,Kulbir Singh,PPS Gill and Jaspal Kaur,said the case of a citizen who directly approaches the commission may be relegated to the FAA,and if the grievance still persists,he should be free to approach the panel.

Which of these two alternative routes he chooses was his choice,but it would circumscribe the relief he may get. For,those who approach the commission directly would not get relief beyond the provision of punishment for the PIO,while those who exhaust the remedy of the FAA,apart from any possible penalty and compensation,will also get the sought information.

The decision was taken while hearing the case of Kesar Singh of Patiala who had sought from the Punjab and Haryana High Court copies of the evaluated answer-sheets of the PCS Judicial Branch Main-2010 examination. His request was declined by the PIO,who had stated that the issue involves confidentiality of examination,and would be decided by the competent authority,besides the applicant should have exhausted the remedy of FAA.

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