The State Government shall appoint an officer not below the rank of Additional Secretary to the Government of Punjab as Secretary to the Commission.
Appeal to the Commission.- Any person aggrieved by an order passed by the First Appellate Authority or by non-disposal of his appeal by the First Appellate Authority, may file an appeal to the Commission in the format given in the Appendix and the same shall be accompanied by the following documents, duly authenticated and verified by the appellant, namely:-
(i) acopy of the application submitted to the State Public Information Officer;
(ii) a copy of the reply received, if any, from the State Public Information Officer;
(iii) a copy of the appeal made to the First Appellate Authority;
(iv) a copy of the order received, if any, from the First Appellate Authority;
(v) copies of other documents relied upon by the appellant and referred to in his appeal; and
(vi) an index of the documents referred to in the appeal.
Return of appeal.- An appeal may be returned to the appellant, if it is not accompanied by the documents as specified in rule 8, for removing the deficiencies and filing the appeal complete in all respects.
Process of appeal.- (1) On receipt of an appeal, if the Commission is not satisfied that it is a fit case to proceed with, it may, after giving an opportunity of being heard to the appellant and after recording its reasons, dismiss the appeal:
Provided that no appeal shall be dismissed only on the ground that it has not been made in the specified format if it is accompanied by documents as specified in rule 8.
(2) The Commission shall not consider an appeal unless it is satisfied that the appellant has availed of all the remedies available to him under the Act.
(3) For the purposes of sub-rule (2), a person shall be deemed to have 52, PUNJAB GOVT. GAZ. (EXTRA), JULY 5, 2017 (ASAR 14, 1939 SAKA)
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(a)
(b) availed of all the remedies available to him under the Act - if he had filed an appeal before the First Appellate Authority and the First Appellate Authority or any other person competent to pass order on such appeal had made a final order on the appeal; or where no final order has been made by the First Appellate Authority with regard to the appeal preferred, and a period of forty-five days from the date on which such appeal was preferred, has elapsed.
Procedure for deciding appeals.- The Commission, while deciding an appeal may.-
(i)
(ii)
(iii)
(iv)
(v)
(vi) receive oral or written evidence on oath or on an affidavit from concerned or interested person;
peruse or inspect documents, public records or copies thereof;
inquire through authorized officer further details or facts;
hear State Public Information Officer, State Assistant Public Information Officer or the First Appellate Authority, or such person against whose action the appeal is preferred, as the case may be;
hear third party; and receive evidence on affidavits from the State Public Information Officer, State Assistant Public Information Officer, First Appellate Authority, such other person against whom the appeal lies or the third party, as the case may be.
Presence of the appellant before the Commission.- (1) The appellant shall be informed of the date at least seven clear days before the date of hearing.
(2)
(3) The appellant may be present in person or through his duly authorized representative or through video conferencing, if the facility of video conferencing is available, at the time of hearing of the appeal by the Commission.
Where the Commission is satisfied that the circumstances exist due to which the appellant is unable to attend the hearing, then, the Commission may afford the appellant another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit.
PUNJAB GOVT. GAZ. (EXTRA), JULY 5, 2017 753 (ASAR 14, 1939 SAKA)
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