Hello Sarabjit Ji,
Thank you for your prompt reply, which I quite appreciate.
Some supplementary facts:
1. The request for information was made to State PIO in Gujarat.
2. State has issued to all its PIOs, translation (from English to vernacular state language) of various communications received from central Govt., under RTI Act. State by itself has not issued any notification or circular or G.O. with respect to permitting/rejecting representative/s on behalf of applicant/appellant in First or any subsequent appeal.
3. As seen from previous experiences, Advocates were permitted to file formal appearance in many cases in First as well as all subsequent stages of appeal so far. Vakalatnama in these cases were approved.
Therefore, questions are:
A. In absence of state notification, considering previous departmental practice in general in state, can State First Appellate authority reject a vakalatnama (r.w. sec. 30 of Advocates Act, 1961) filed in First Appeal? What about permitting representation through power of attorney issued under Powers Of Attorney Act, 1882?
B. In your reasoned opinion, do you think a notification disallowing advocate / authorised representatives under RTI is ultra-wires; as PIOs are legally trained whereas illiterate citizens cannot individually match dominance & legal skill of PIOs. More so, when provisions of Act are attempted to be controlled/restricted through notification.
Since advocates (legal practitioners) are prohibited (by duly notified
Rules) from representing
either side at the 2nd Appeal stage, there can be no objection to
their being disallowed at lower proceedings.
Sarbajit
> *Best Regards,*
On 8/20/12, Joshi NM <naishadhjoshi@gmail.com> wrote:
> Hello,
>
> Request for information was made u/s 6 properly.
> Information was public record and no difficulty for giving it.
>
> Time limitation is well over.
> No information is provided or no reason is given for refusal to provide
> information.
> In fact, no reply was given by PIO.
>
> First Appeal u/s 19 is filed properly.
>
> Appellate officer has granted hearing with clear instruction that:
> Appellant has to personally remain present and advocate will not be allowed
> to appear/represent the Appellant.
>
> Questions are:
> 1.can Appellant be compelled to appear in person to conduct appeal?
> 2.can advocate be disallowed to represent on record the appellant by
> rejecting Vakalatnama filed with appeal memo.
> 3.if formal rejection of Vakalatnama is issued in writing, what recourse is
> advisable?
>
> --
> -Joshi NM
>
Best Regards,
-Joshi NM
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