Guidelines-To-FAA-1

The First Appellate Authority must adhere to the provisions of the Doctrine of the Natural Justice.

• The FAA must give an equal opportunity to all the parties to present their case. an opportunity to be heard.
• The FAA must pass a reasoned order.
• The FAA happens to be an officer senior in rank to the PIO.
• The FAA should study the Act carefully and understand its provisions correctly in order to perform his/her duties effectively,
• The FAA makes sure to supply that information which relates to any private body which can he accessed by the public authority under any law for the time being in force.
• The FAA makes sure that information those can be supplied to the State Assembly or Parliament can also be provided to the citizens.
• The FAA should apply his mind while deciding the appeal as deciding appeals under the RTI Act is a quasi-judicial function.
• The FAA should see to it that the justice is not only done but it should also appear to have been done
• The FAA must pass a speaking order giving justification for the decision arrived at.
• The FAA, In exception cases, may take 45 days for its disposal. However, in cases where disposal of appeal takes more than 30 days, 
• The FAA should record in writing the reasons for such delay after 30 days.
• The FAA, if concludes that the appellant should be supplied information in addition to what has been provided to him by the CPIO, he may either

(i) pass an order directing the CPIO to give such information to the appellant; or

(ii) he himself may give information to the appellant while disposing off the appeal.

In the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellate authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter

The FAA, if in any case, the CPIO does not implement the order passed by the appellate authority and the appellate authority feels that intervention of higher authority is required to get his order implemented, he should bring the matter to the notice of the officer in the public authority competent to take action against the CPIO.

Such competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act.