In the absence of reply from PIO how to initiate appeal procedure?

[prk1949]

A few months ago I sent a registered letter to the Commissioner, Chennai Corporation, and met him a few days later. I followed this up with another letter. I did not get any reply. I then filed a petition under the RTI Act for getting information of the action taken on my letters and some related issues. The petition was submitted to the PIO at the Corporation office and I have an acknowledgment. It is more than a month (about 45 days) since I submitted the petition. Till date I have not received any reply. I was searching the Tamil Nadu Government websites to get the actual procedure that I should follow to file an appeal petition, and what I should do if the appellate authority (the Commissioner also refuses to reply). Could someone enlighten me?

[ganpat1956]

The Commissioner, Corporation of Chennai is the Appellate Authority under RTI Act. Please make an appeal to him before expiry of 60 days of your original RTI application. I haven't come across a format of appeal by TN govt. However you can make use of the format provided by our member hemasampat in her post no.2 in the following thread: http://www.rtiindia.org/forum/544-ap....html#post1821

[latelearner]

Tamilnadu govt has issued a guide book for RTI ACT. You can go through it .
If you say somebody refused to reply , have you got any proof? If you cannot prove it , just say ' absence of reply '.
First appeal should be made within 30 days from the date of reply or within 30 days from the date on which reply was due(that is 60 days from the date of receipt of your original RTI application ) by the corporation. so send the appeal in time.
Usually the first appellate authority is not of much help. But you can expect something from the State Information commisssioner who is the second appellate authority.
In many cases whether we get the information or not , our original grievance is redressed. The authorities find it easier to redress our grievances than to answer all the embarassing questions we put to them using the RTI act. Good luck.
Latelearner

[prk1949]

Many thanks for this information. Absence of reply according to the Act is to be interpreted as "refusal". I have gone through the guide book. Unfortunately, the Chennai Corporation does not figure anywhere. I am now trying to contact the concerned official on telephone. Your approach to the issue is pragmatic. I appreciate it.

[karira]

Originally Posted by prk1949

Many thanks for this information. Absence of reply according to the Act is to be interpreted as "refusal". I have gone through the guide book. Unfortunately, the Chennai Corporation does not figure anywhere. I am now trying to contact the concerned official on telephone. Your approach to the issue is pragmatic. I appreciate it.

No reply from the PIO within 30 days (35 days in case application submitted to APIO) implies "deemed refusal":

7(2).If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.

Make a First Appeal.

In the First Appeal, please mention that the PIO should be penalised under Section 20 at the rate of Rs 250 per day subject to a maximum of Rs 25,000 from the day information was due (xx/xx/xxxx) till the date the information is finally given. Although FAA does not have powers to levy penalty under section 20, your mention of this in the First Appeal, will ensure that it is taken up at the SIC level during Second Appeal (only SIC/CIC has power to levy penalty).

However the FAA has the powers to recommend disciplinary and other administrative action against the PIO as per rules and regulations. You can also ask for this in the First Appeal.

The information provided to you should be "Free of Cost" as per section 7(6):

7(6).Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).

[prk1949]

Thanks a lot. Very useful and encouraging information. I have already begun my work, to begin with phoning the fellows!