[karira]

nile,

http://cic.gov.in/CIC-Orders/Decision_14062007_19.pdf

However, because the responses to the RTI applications of Shri Shiva Kumar have been on time no penalty will lie. On the other hand because of the failure of the CPIO in providing the correct identity of the Appellate Authority to the appellant, appellant’s first appeal was misguided therefore justifying his claim for damages. Shri Shiva Kumar will, therefore, submit to us a statement of the damages that he may have suffered on account of delay in responding to his first appeal. These details may be submitted to us either in writing or by electronic means at fax No. 011-26106145 or e-mail – whabibullah@nic.in so as to reach us by 10th of July 2007, to enable us to take a decision in this matter.

http://cic.gov.in/CIC-Orders/Decision_05122007_02.pdf

It is also correct that in responses to those similar applications, regarding which appellant Shri Manoj Pai has complained of inadequacy during the hearing, the name of the Appellate Authority has not been given. That in itself cannot constitute a reason for avoiding a first appeal because under Section 7 sub-section 8 of the RTI Act 2005, the particulars of the First Appellate Authority are mandated to be given only where a request has been rejected under sub sec. 1. We do, however, feel that because an applicant may not necessarily be fully satisfied with the information provided initially, it is advisable for Public Information Officers always to give the name and address of the First Appellate Authority, should the applicant wish to avail of the first Appeal.

http://cic.gov.in/CIC-Orders/Decision_28052007_24.pdf

The CPIO has failed to mention the name of the Appellate Authority in his communication to the appellant. The CPIO should be careful about such omissions in future. In all his correspondence with applicants, name, designation and the address of the Appellate Authority shall be included.

http://cic.gov.in/CIC-Orders/Decision_31102006_2.pdf

Please read full decision. CPIO does not inform details of AA and applicant has problems submitting his First Appeal, First Appeal also not properly handled. Compensation awarded to applicant.

http://cic.gov.in/CIC-Orders/Decision_31012008_30.pdf

The CBDT is directed that they should issue instructions to officers, especially those in non-metro stations, to be careful about attending to RTI-requests and first-appeals from applicants / appellants. Their attention may be drawn to the provisions of the RTI Act about timely disposal of RTI-applications / first-appeals by the CPIO and the first Appellate Authority and also to the fact that any officer superior to the CPIO / APIO can, for the purpose of this Act, be construed to be the Appellate Authority (for first-appeals) in case the petitioner is not properly guided about where to file his first-appeal.