Should I make First Appeal/ Complaint to SIC or make fresh application

[R Madhok]

Should I make First Appeal / Complaint to SIC or make fresh application

I had applied for some information to PIO on April 4, 2009. As the concerned PIO had not replied till date i.e. June 17, 2009. On 16^th June 2009 I got a reply from APIO dated 12/06/09 with enclosed documents attested dated 30/05/09 by APIO with designated post. (exactly after 73 days). In his reply APIO has not given required information . Kindly let me know whether I can File First appeal . Till date I had not made First appeal . Kindly suggest what is the best solution. As till date PIO has not replied. The APIO is not the right authority to reply to my queries and secondly has not replied to even a single query. Kindly look in to the following factors.

• As I had got vague reply without replying to any query. Can I have the option to file First appeal .
• As the PIO had replied is it valid ground that I can appeal after the expiry of the stipulated period because I got reply today and I am applying for First appeal within 30 days of the receipt of reply from APIO .
• Should I complaint the matter to the SIC that I have not got reply after the expiry of stipulated period from PIO .
• Should I file the fresh application to PIO .
• As APIO has replied to my query, as per RTI act 2005 APIO has no authority to reply. So, it will be considered that I have not received the information and it will be considered as Deemed refusal. Now the question is a). whether the First appeal to be made b) The complaint to be made to SIC. C). Fresh application should be made.
• On my complaint to SIC, whether I should mention that APIO has replied to me.
• Kindly suggest me what should be the ground for my first appeal / Complaint if you suggest to make.
• On technical grounds whether my appeal to the FAA will be rejected as I am appealing after a stipulated period.

Rajneesh Madhok,
B-xxx/63, Nehru Nagar,
St. No. 2, Railway Road,
Phagwara-144401 (Pb)

[Atul Patankar]

If the information sought is received from the PA, one should not be too much concerned who has send it.

Of course, if the info is not satisfactory, then you can appeal within 30 days from the date of reply by APIO . I do not think the PA will raise the point that the reply is valid ab initio. The technical grounds will not ba against you if you appeal within 30 days from the date of reply by APIO .

The ground for appeal is, obviously not receiving reply, or receiving misleading or incorrect reply, as well as deemed denial as the reply was beyond 30 days.

I do not see any need for fresh application; and a complaint with SIC is bound to bounce back to FAA .

[ambrish.p]

Dear Rajneesh ji

You can file First Appeal as the time limit for filing First Appeal is 30 days from the date of PIO 's reply or the date on which you were supposed to receive it.

You can submit your complaint to SIC but better file after exhausting FAA option. Many SIC's do not accept such complaints directly unless the route of First Appeal
has been followed.

FAA cant reject your First Appeal .

I think you should try to obtain info (as it is imp. for U). APIO can reply to RTI application /s & this case will be considered as deemed PIO .

regards

[R Madhok]

Dear friends
The case is the illegal confinement of my friend in Police Station. As my friend had been implicated for providing transportation to the old ladies to polling booth in last assembly elections and the Honourable Judge had declared judgement and fined him Rs 1,000 for his offence.
But after 2-1/2 years in this parliamentary elections he was picked up by the police twice and kept in illegal confirnemet and implicated him under Sec 107/151 CRPC. When I filed the RTI application to get the detail about my queries.
The PIO has written in his reply that the information is being supplied whatever information we have received from the concerned police station.
A person can be implicated on Security reasons on every election. I want to know from the department that How the person became hardcore criminal and the law and security is in danger if he got scot free during election times.
Kindly suggest what should be the next course of action.
Rajneesh

[colnrkurup]

Examining the merrit of your case is irrelevant and beyond the scope of RTI Act. You have already complicated the issue by your failure to take timely action. My suggestion is to make a fresh RTI application rectifying all the lacunas brought out by APIO . Frame the application in such a way that it does not appear to be the same application. Now make sure to file the First Appeal on expiry of 30 days without fail if needs be. Approaching SIC with various justification is futile as the SIC is bound to take more time.

[jps50]

Pl visit blog jps50 where I have posted formats for first appeal for state matter.

[R Madhok]

Hon'ble Col Sahib & J.P. Shahji,
The previous posts suggest me to file appeal to FAA . The last two posts which you have filed have suggested not to file the Appeal rather it is better to file fresh application. I am still confused. Kindly show me the right path considering about the above mentioned aspects. I myself admit that It was wrong that I could not file first appeal in time. Today my friend got reply from the PIO on his application dated 16th April 2009. The reply is again vague. The reply has been made that you are informed that you should send Registered letter (with self addressed) which had already been sent with the application. Secondly he has written that according to rules the person concerned with information can see the documents and the fees for viewing the documents is Rs 10/- and for viewing one page the fees to be charged will be Rs 2 per page. and if you want to get information by Post then the fees of Rs 10 is not sufficient. . You had been informed by this office on 1-1-09 He himself write the application is dated 16th April 2009 and secondly says you have been inforamed at your contact number several times. The RTI reply has been signed by a Head Constable and has written Public Information branch, Police deptt. My friend had also not appealed to FAA .
Rajneesh

[colnrkurup]

Why do you follow the path which the PIO is leading you to and complicate the issue ?. No one would be able to spoon feed you nor this forum is meant for it. We wish to enducate you and clarify your doubts so that you can fight your own case as per your will and pleasure.. You have seen various views on the issue. Now you should make your own decision. You got various options available. Please stick to the provisions of act.

In the above circumstances, if I would have been in your position I will make a fresh application as sugestted above without givng any references to what the APIO has been doing or what your friend got. RTI Act is meant to help you to obtain information . Why do you bother much as to who has provided the information ? So long as you got the information you need duly authenticated, you must be satisfied.

[ambrish.p]

Dear Rajneesh ji

Now both option/s are open for U:

1. File fresh corrected/modified RTI application which may not give any room to PIO for denial.

2. File FA & continue with old application

Now U have to decide from the option/s (above) so that your efforts may prove fruitful.

AND

for inspection of records, no fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter;

Please see: Rules

regards

[R Madhok]

Dear friends,
As per your guidance it is the best option to file Fresh Application. I am thankful to Col. Kurup and Mr. Ambrish for highlighting the pros & cons of both the options. So, it is better to file fresh application to prevent the room of denial of RTI application on any stage. As per the option to appeal the ball can be in the PIO 's court and he will naturally stick to the RTI rules that you have not made the appeal within stipulated time.

The suggestions of Col. Kurup are well defined and he guided and carved a right roadmap to reach a particular goal. It is nice suggestion and his guidance has made me to concentrate on the matter of fresh application and tried to understand me if he would be having in my position what will he do. By his guidance I got a right direction.
I am thankful to all my friends who have guided me. I am thankful to all of my friends. If with the guidance of all of you I could unearth the rules framed by the Govt. regarding 107/151 it would be a great achievement as the public is being harassed by Police department due to the implication of this act. I hope there will be something to safeguard the highhandedness of the public from the police.
Regards,
Rajneesh Madhok