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C

Question:

Can an APIO sign a response letter?

(Last edited: Wednesday, 18 January 2023, 4:48 PM)
Answer:

The Act limits the APIO's role to receiving application for information and forwarding the same to the PIO concerned. In the normal course reply has to be given by the PIO and in his/her absence in certain cases where the last date for responding expires, there is not legal issue if the APIO replies on behalf of the PIO.


Question:

Can an Appellate Authority take 45 days for disposal of appeal in normal cases?

(Last edited: Wednesday, 18 January 2023, 4:16 PM)
Answer:

As per Section 19 (6), an appeal shall be normally disposed within 30 days of the receipt of the appeal or with an extended period not exceeding 45 days from the date of filing, and the reasons shall be recorded in writing. The FAA has the powers to summon the applicant and hear him if found necessary.


Question:

Can an application be rejected for the reasons that it is defective?

(Last edited: Wednesday, 18 January 2023, 2:15 PM)
Answer:

No, The PIO shall deal with the application and give reasonable assistance to rectify the defect (not signed, application fee not remitted, etc.)


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