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FAA discharging the role of Public information officer
06-Jun-2026 (In Civil Law)
I had filed RTI Application on 18th May 2026. Yesterday I received a communication in the RTI Portal that the said application will be decided by FAA on 6th June 2026 and I am requested to be present for the hearing.
The RTI Act has no provision of empowering FAA to act as PIO or RTI Act has no provision empowering PIO to delegate his role to FAA. The act of FAA and PIO is abuse of power and mockery of RTI Act.
Request the learned brothers to share their opinion.
The FAA's role arises only at the first appeal stage under Section 19 RTI Act. If the PIO has transferred decision-making to FAA before passing an order, the action appears legally questionable and can be challenged as contrary to the RTI framework.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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The legality of the communication depends on whether a First Appeal is pending. Under the RTI Act, the PIO is required to decide the RTI application in the first instance. The FAA ordinarily exercises appellate jurisdiction under Section 19(1) and does not substitute the PIO in deciding the original application. If no reply has been furnished by the PIO within the statutory period, the applicant may treat the same as a deemed refusal and prefer a First Appeal. If the FAA is proposing to decide the RTI application itself without any appeal being filed or pending, the procedure may be open to challenge. It would be advisable to carefully examine the communication received on the portal and ascertain whether it pertains to the original RTI application or to a First Appeal proceeding. The answer may differ depending on those facts.
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Adv. Siddhesh Bhosle
Mumbai | 25+ Answers
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The First Appellate Authority (FAA) has legal jurisdiction to decide RTI appeals and conduct hearings. This process is not a delegation of the Public Information Officer’s (PIO) duties but rather a valid statutory function under the RTI Act, 2005. The hearing procedure is perfectly lawful and standard.”
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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