It is nearly 70 days since I filed the first petition, and ten days since I filed the appeal. Still no reply

**prk1949** · 02-24-2008, 09:18 PM

I think this is a valid question. According to the RTI Act the reply should be within 30 days. But this may not happen. I have a case on hand. I applied to the Chennai Corporation for certain information. I did not get a reply. It was at that point in time, through my web search that I found this valuable website. Someone suggested that refusal to reply is refusal to furnish information. This is true according to the Act. As next step I filed my petition for information before the Appellate authority under the Act, who is the Corporation Commissioner. I am waiting for reply.
Interestingly, before filing my appeal I telephoned the official concerned before whom my original petition was filed. After checking, the person said that my letter was forwarded to the concerned official in some zone. I contacted that person on his mobile. He said he will be sending a reply that day. But nothing happened. It is nearly 70 days since I filed the first petition, and ten days since I filed the appeal. Still no reply. I do not know if it is ignorance of the concerned official or foul-play which is keeping him away from me. What I want to know is what do I do next. I went through the RTI Act and Rules for Tamil Nadu. They do not give any clue.
An aside: a few days ago The New Indian Express published a report that a person who had asked for some information from the Chennai district collector did not get it even after eight months. When the press reporter contacted the concerned office he was informed that the collectorate was busy for eight months (!) and a reply is being sent! So reality is still a far cry away from many.

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**karira** · 02-25-2008, 01:17 PM

Sponsorer

As per the RTI Act, the AA has 30 days from date of receipt of application to decide your first appeal. He can also avail of another 15 days extra (total 45 days) if the reasons for the delay for extra 15 days utilised, are recorded in writing.
So, please wait for the 45 days period to be over before filing a Second Appeal with the TN SIC. In the second appeal do not forget to "pray" for penalty at the rate of Rs 250.00 per day (maximum Rs. 25,000.00) to be levied on the PIO for the delay.

It is sad that the time taken is very long but we have to continue taking the fight till its logical conclusion.

**prk1949** · 02-25-2008, 01:27 PM

Thanks a lot. This is a very useful information. As I get more education like this from you and other members of the team I shall also participate actively in the campaign for good governance.

**karira** · 02-25-2008, 01:56 PM

Originally Posted by karira

As per the RTI Act, the AA has 30 days from date of receipt of application to decide your first appeal. He can also avail of another 15 days extra (total 45 days) if the reasons for the delay for extra 15 days utilised, are recorded in writing.
So, please wait for the 45 days period to be over before filing a Second Appeal with the TN SIC. In the second appeal do not forget to "pray" for penalty at the rate of Rs 250.00 per day (maximum Rs. 25,000.00) to be levied on the PIO for the delay.

It is sad that the time taken is very long but we have to continue taking the fight till its logical conclusion.

Just one correction in the above...the word "application" to be replaced with "Appeal"

**prk1949** · 02-25-2008, 01:58 PM

Noted. Thank you.