Time frame for First appeal

[nile0611]

I had made application under RTI, I have received unsatisfactory reply just within 5 days of filing my application.

Now my query is I have to appeal within 30 days,

1) this 30 days will start from the moment I have received my reply under RTI or
2) any time within 60 days of filing my application i.e, Annexure "A"

[narayanvarma]

Originally Posted by nile0611

I had made application under RTI, I have received unsatisfactory reply just within 5 days of filing my application.

Now my query is I have to appeal within 30 days,

1) this 30 days will start from the moment I have received my reply under RTI or
2) any time within 60 days of filing my application i.e, Annexure "A"

I interprete section 19(1) to hold the view that it is clear that 30 days starts from the day you have received the reply

[karira]

Nile0611,

Following is the Section 19(1):

1.

Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Clearly 30 days start from date you received the reply.

[narayanvarma]

Karira Has Exactly Confirmed What I Wrote. I Did Not Reproduce The Section As I Wanted To Save My Time And Also Of Other Readers,anyway Now That Section Is Reproduced Matter Gets Finally Concluded.

[nile0611]

My friend has asked information from PIO Dy. Registrar Co-Op Hsg Soc regarding the accounts and functioning details of the society in which he is residing.
The PIO Dy. Registrar forwarded the application within 5 days to the secretary of society and copy of was sent to the applicant.
The secretary denied information by giving a very vague reply in just another 10 days.
Now the applicant wants to appeal to the First A.A then what will be time frame of appeal ?
1) Within 30 days of receiving reply from the secretary of the society.
or
2) 30 days of forwarding application by PIO to the secretary.

[ganpat1956]

Nile, Let me put it this way. The proposed appeal is with regard to an unsatisfactory reply to a RTI petition. Hence time limit is 30 days of the receipt of this unsatisfactory reply.

[narayanvarma]

Originally Posted by ganpat1956

Nile, Let me put it this way. The proposed appeal is with regard to an unsatisfactory reply to a RTI petition. Hence time limit is 30 days of the receipt of this unsatisfactory reply.

Iwwould view it differently.My appli was to REGISTRAR, he has not transfered appli to other PIO but sought info from the society. Finally he is suposed to reply which it appears here he has not replied. Hence time limit is 30 days from the end of 30 days of registrar receiving the application.

[ganpat1956]

Originally Posted by narayanvarma

I would view it differently.My appli was to REGISTRAR, he has not transfered appli to other PIO but sought info from the society. Finally he is suposed to reply which it appears here he has not replied. Hence time limit is 30 days from the end of 30 days of registrar receiving the application.

If the ground of appeal is non-receipt of reply from the PIO, then the above view is correct. Since Nile's original query is a bit ambiguous on this area, besides non-furnishing of any specific dates, I presumed the appeal to be against the unsatisfactory reply, in my answer.

[mpai]

Originally Posted by nile0611

Now the applicant wants to appeal to the First A.A then what will be time frame of appeal ?
1) Within 30 days of receiving reply from the secretary of the society.
or

No (1) is correct beyond doubt. In case you are late, you will need sufficient grounds to condone the delay.

Manoj