How to apply for second Appeal under RTI, is there an format?

[nile0611]

Is there any format in which one has to apply to second appelant, and what if the second appelant is CIC we have go personally to New Delhi at the time of hearing, What about a poor person who can't afford to go to CIC's office. Any represenatative is allowed.
As told by Brijesh they should redress grievance of Applicant at first instance so that he need not to Appleal.

[crusader]

There is no fees for the 1st or 2nd appeal. And there is also no format for the application for appeal.

On some occasions the CIC even has compensated for the appelant for going to New Delhi.

[mpai]

Well certain rules and guidelines have been laid down for the second appeal. A minimum of four copies of the second appeal have to be submitted.

Full details like name and address of the appellant / complainant, the name and address of the CPIO, the Appellate Authority ertc. A copy of the original RTI Application filed with the CPIO besides any communication received from the CPIO/AA have to be sent. The appeal should also contain an index of the enclosures, besides an affidavit.

In case, its an appeal againt supply of incomplete information, there is no need to provide photocopies of the information provided. Just a list of those supplied along with the list of missing documents would suffice.

If no information was provided or if the application was rejected, then the copy of the letter communicating the same has to be submitted to the CIC.

Make sure that you provide all your contact details, which include mobile phone numbers and email ids if any. Also insist that you may be given a personal hearing before they take any decision.

Best wishes

Manoj Pai
Ahmedabad

[maneesh]

Thats a very good information manoj,

Kushal we can compile this in FAQ may be in a separate thread about the appeal mechanism

[aparna]

I think the details are here in points format.
http://www.rtiindia.org/forum/230-post2.html
http://www.rtiindia.org/forum/232-post4.html

[kushal]

Ok Guys here is the FAQ compiled which is all comprehensive.
Check it up here:
http://www.rtiindia.org/forum/faq.ph...faq_2nd_appeal

You can direct posts asking for the 2nd appeal here.

[maneesh]

Good Job Kushal & Aparna

[hemasampat]

for state dept.affix the court fee stamp on annexure-c See below :
ANNEXURE “C” Fee Affix here Court Stamp Rs.20
[See rule 5(2) of Maharashtra Right to Information Rules,2005]
Second Appeal under section 19 (3) of the Right to Information Act, 2005.

From : Mr./Mrs./Ms.

(Appellant’s name and address)

To : The State Information Commission,
13th Floor, New Administrative Bldg.,
M. Cama Marg, opp. Mantralaya,
Mumbai 400032.


(1) Full name of the Appellant : Mr./Mrs./Ms.


(2) Address :


(3) Particulars of State Public
Information Officer :


(4) Particulars of the First
Appellate Authority :


(5) Date of receipt of the order appealed against :


(6) Last date for filing the appeal :


(6) The grounds for appeal :

(7) Particulars of information--

(i) Nature and subject matter of the
information required :

(ii) Name of the office or Department
to which the information relates :

Place :

Date : Signature of Appellant.


For Central Govt Dept no fees. See below:
FORM OF APPEAL TO CENTRAL INFORMATION COMMISSION

Second Appeal under section 19 (3) of the Right to Information Act, 2005.


From : Mr./Mrs./Ms.


(Appellant’s name and address)

To : The Central Information Commission,
Block No 4 (5th floor), Old JNU Campus,
New Delhi 110067

(1) Full name of the Appellant : Mr./Mrs./Ms.


(2) Address :


(3) Particulars of Central Public
Information Officer :


(4) Particulars of the First
Appellate Authority :


(5) Date of receipt of the order appealed against :
( If order passed)

(6) Last date for filing the appeal :


(7) The grounds for appeal :

(8) Particulars of information--

(i) Nature and subject matter of the
information required :


(ii) Name of the office or Department
to which the information relates :

(9) True copies of the following documents are enclosed:

Place :

Date : Signature of Appellant.

[kushal]

Thank you for the great information Hema. This thread has been made as 'Featured thread' and can be found at the top of the forum board.

[smnislam]

thanks everybody for the contribution. The authorities have found a good way to hoodwink the applicant in appeal by calling them for hearingto their office which may be situatrd hundreds of kilometers away at a short notice. Say they fix the date for 28 and issue the letter by post on the 24. so nobody can reach on time and the petition is accordingly filed.
Is there a way out?

[nile0611]

Thanks Everybody
I have one doubt as said by Mpai that "The appeal should also contain an index of the enclosures, besides an affidavit." Can you clarify / elaborate this point in details

[hemasampat]

Please note that Hon'ble CIC has been requesting all the applicants to submit their second appeals in 5 copies due to the reasons which you may kindly go through.

CENTRAL INFORMATION COMMISSION

Block No. IV, 5th Floor, Old JNU Campus, New Delhi – 110067

Date: 20/6/2006

CIRCULAR No. 1

The Commission has been receiving complaints and appeals under Section 18 and 19 of the Right to Information Act, 2005 respectively. Appellants/complainants have been submitting these in a single copy. Due to limited resources of the Commission, it has been found difficult to photocopy them in a large number for sending them to the respondents as well as to the Information Commissioners and Chief Information Commissioner.

The Commission has decided that all appellants and complainants may be requested to submit 5 copies of their complaints/appeals before it is taken up for enquiry or hearing. Chief Information Commissioner exercising powers conferred under Section 12 (4) of the Right to Information Act, 2005 has approved that upon receiving complaint/appeal, within three days, if complainant/appellant has not submitted adequate number of copies, he/she may be requested to file 5 copies of complaints/appeals or deposit photocopying fees as per RTI Fee and Cost Rules before these are taken up further for necessary action in the Commission.

Although inadequate number of copies will not in itself warrant rejection. In case, these are not received in four weeks of receipt, the case may be taken up for further processing in the Commission. Data Entry Operators may use telephone/email for contacting appellant/complainant and make a request for sending five copies of their complaints/appeals to the Commission.

(P. K. Gera), Joint Secretary & Registrar


visit India Right To Information for everything you want to know on RTIA,2005

[MK Singhal]

It was interesting to read. I however have some querries. I stay in Noida UP and my SCIC is located at Lucknow, far away. Normally,when one files an appeal in a court and it is accepted, an appeal no and date of hearing is given. 1 Similiarly, why does SCIC not send the appeal no and date of hearing soon after it is accepted. He sends it only about a fortnight before the date of hearing, ie only after about two months of filing the appeal since the appeal is listed for hearing after so long. 2 Why are 4 copies of the appeal needed by SCIC. Normally, only one SCIC hears the appeal and hence two copies should be enough. 3 Why is the Respondant not required to submit a written statement on the points raised in the appeal for facilty of judgement and also for information of the Appelant. 4 Why does SCIC not send copy of his orders soon after the hearing and hence recording of his orders. Why as the same to be asked for from hi seperately.

[smnislam]

it is a very valuid querry which should be posed before the cic through this site. the cic should be graciuos enough to make the necessary changes in their system.
thanks
smnislam

[apaul]

very valid queries, indeed. I'm sure, with time, the procedural aspects would streamline further.

[Nitin Raval]

I sent to-day Second Appeal in single copy, with Original orders of CPIO and
Appellat Authority. Should I send four more copies to-morrow ?

[kushal]

yes, CIC wants it in 5 copies. Kindly find the circular of the CIC attached here.

[MK Singhal]

Why does CIC want 5 copies of 2nd appeal to be submitted. Has any NGO or volunteer cared to find out. The 2nd appeal is generally heard by a single judge. Hence, one copy for the judge and one copy for the Respondant should normally be required. If anybody can enlighten me on this, I shall be grateful. Thanks. mksingha

[kushal]

The CIC circular has the answer to this too. Kindly check up that, it talk's about resource crunch.

[karira]

Friends, just be careful whether it is CIC or SIC's.
Each one of them wants something different !
For example, here in AP, the APIC has rejected tons of 2nd appeals,
just because the appellant did not provide a xerox of the D/D or Bankers Cheque paid at the time of the first application ! Appeals have also been rejected (I could count 12 out of the first 15 I saw) because the appellants did not self attest the documents.
If you want to be absolutely sure, please visit the SIC or call them to get all details before filing the 2nd appeal in order to avoid disappointment.
Sadly, in this digital age, one has to take a walk sometimes.
APIC website can be visited at: _:: Welcome to SCIC ::_