First Appeal again?

[linardni]

Upon not getting any response to my RTI Application I made First Appeal to the West Bengal Information Commission. The Commission adviced the PIO to take necessary step and report within a fortnight. Even after the expiry of fifteen days, I received no response from the PIO. May I file the Second Appeal to the CIC or will I have to make the First Appeal again to the AA of the department. In other words, as per RTI act making First Appeal to the State Information Commission stands valid or it should be made to the AA only?

[colnrkurup]

In a similar circumstance I had filed complaint under Section 18 to the SIC endorcing its copy to the AA (as a confidential mail addressed in his name) specifically bringing out that the PIO has ignored the orders No.... of AA to the PIO. I do not know as to what happended but the PIO has obeyed the orders of AA and furnished me information. I did not cancel my complaint so far.

[vashisthvivek]

I think, the position with regard tothe first appeal and second appeal should be very clear. As per the RTI Act, he first appeal is filed with the AA and the second appeal with the commission. If a person files appeal directely with the Commission, it cannot be termed as "second appeal" in a real sense, although it may be covered under the definition of a complaint. The complaint, which has been discussed under S.18 may result into inquiry, whereas the appeal under section 19 may result in the quasi-judicial order. If we skip the channel of filing the first appeal, we ourselves are violating the provisions. Sometime the hit and trial method (as discussed by Respected colnrkurup) may work, but this is not the legal way of enforcing the things. At present, the RTI Act is in its stage of infancy and such things works, but as it will grow, and the people will get awared with the Act, such things may not work. Since we are the members of an excellent forum, we should be very clear about the proper procedure. At present, most of the Commissions are manned by the bureaucrats, who themselves are not expert in legal affairs, but tomorrow, if an expert of legal affairs is there, such hit and trial may not work.
Since linardni is confused with the "first appeal" and 'second appeal", I thought it prudent to have an attempt to clear his doubts. Thanks

[jps50]

I think you should go ahead with second and final appeal. It was the duty of AA to ensure that his orders are complied with by PIO. You may get reply, once copy of second appeal is received by CPIO and AA.

VISIT MY BLOG FOR FORMAT OF FIRST AND SECOND APPEALS FOR CENTRAL GOVT AND SHORT GUIDELINES

[vashisthvivek]

If I am not wrong, the matter has not been taken up with the AA ever. Therefore, AA is not in the picture yet.

[colnrkurup]

Mr.Vashisthvivek is very correct.There is some mistake somewhere. You cannot make First Appeal to the SIC. It is likely that the SIC might have reckoned your so called FIRST APPEAL as a complaint and dispossed it accordingly. Anyway you SHOULD NOT MAKE the second appeal now. You should reserve the right to make second appeal in case the reply when furnished by the PIO does not satisfy you. It is 'deemed refusal of the request' despite orders of SIC. Now you got a very strong case. Please donot spoil it. Make a first appeal to the correct AA immediatly if the 15 days (+transit time) given by the SIC is over without giving the PIO any more opportunity to escape. Refusal to reckon even theSIC's orders by PIO will be a strong factor in your favor in case you have to file a second appeal after your First appeal.