FAA Deciding RTI Application Without Appeal . Height Of Abuse Of Power

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The legality of the notice depends on whether a first appeal was actually pending before the FAA. Under the RTI Act, the First Appellate Authority (FAA) does not ordinarily act as the Public Information Officer (PIO) and cannot decide an original RTI application in place of the PIO. However, the FAA has the power to hear and decide a first appeal under Section 19(1) and may, if considered necessary, call the appellant for a hearing before deciding the appeal. In this case, the notice repeatedly refers to "various first appeal applications" and "hearing of the RTI appeal." If no first appeal was filed by the applicant and only an RTI application was pending before the PIO, then the FAA's intervention would appear procedurally irregular and clarification should be sought. On the other hand, if a first appeal was in fact filed, the FAA is generally competent to issue a hearing notice and conduct a hearing before passing an appellate order. Therefore, before alleging abuse of power, it would be important to verify whether the authority has mistakenly treated the RTI application as a first appeal or whether a first appeal was already on record

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