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

[prk1949]

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.

[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.

[prk1949]

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]

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]

Noted. Thank you.

[paramkrish]

Hello Friends - I have a similar query. I have filed a RTI on 10th April with CPIO, Income Tax Dept, Chennai, but till date i have not received any response. This is with regards to the Refund status for the assessment year 2001-02. Now, As per the RTI Policy, I would want to send the letter to FAA ( First Appeal Authority ) for the same department but i really have to break my head to find the exact contact details of where to send the letter.

Can someone guide me if FAA is specific to a IT Office Branch, in Chennai or Is it common ?
Does anyone know the address of FAA who is attached to the Income Tax Office, Mudichur Road, Tambaram , Chennai ??

Uff, It really sucks dealing with these government officials .. !!!

thanks guys...
Param Krish
mkparam@gmail.com

[karira]

Param,

Please see this post:

How can i find the postal address of CPIO/CAPIO of income tax department of Hyderabad?

Details of CPIO and AA of TN circle of Income Tax are available at:

http://www.incometaxindia.gov.in/CCI...2007150124.doc

Just check for the appropriate AA to your CPIO/Ward/Circle.
Your First Appeal has to be filed before 10th June (30 days from the date when reply was supposed to be recieved from the CPIO - in your case that was 10th May).

For help in drafting first appeal , please visit the Guide segment of this website (link available at top right hand corner) and see the "How to" section.

A general draft for first appeal in case of "deemed refusal of information" or no reply from CPIO, is attached to the following post:

Disregarding RTI Act

[paramkrish]

Thanks for your quick reply.

I just have another 10days to draft the letter and send that across, while i m active to do it right away, i m curious to know the procedure if the first appeal is not sent within 60days. Is there a choice to send the letter to the first appeal authority even after 60days or not possible ?

Also, Is it possible to include few more questions pertaining to the same issue in the letter to be sent to the FAA or we can ask only for the reply to our earlier letter ?

[opsharma]

PRK , In the meantime you may like to browse through what,who,where ,when,how etc regarding RTI,go through Guide section.

Param,you have mixed up two different threads,you should have started your own thread to maintain continuity and clarity.

[bbmurali_2000]

I have one doubt. If RTI appkication is not given due respect by the offices, Is there any provision for taking it legally.

[karira]

Originally Posted by paramkrish

Thanks for your quick reply.

I just have another 10days to draft the letter and send that across, while i m active to do it right away, i m curious to know the procedure if the first appeal is not sent within 60days. Is there a choice to send the letter to the first appeal authority even after 60days or not possible ?

Also, Is it possible to include few more questions pertaining to the same issue in the letter to be sent to the FAA or we can ask only for the reply to our earlier letter ?

Param,

1. The First Appeal has to be filed within 30 days of receiving the reply from the PIO or from the date when the reply was due.
2. If your First appeal is filed after the stipulated period, it is to the "discretion" of the First Appellate Authority whether to condone the delay. So, it is your luck.

3. You cannot ask for "additional" information at the First Appeal stage. This is because the First Appeal is made ONLY against the order/no reply of the CPIO. So, if the original application did not cover any matter, please do not add it in your First Appeal.
Only other option is to file another RTI Application.

Originally Posted by bbmurali_2000

I have one doubt. If RTI appkication is not given due respect by the offices, Is there any provision for taking it legally.

Murali,

The flow is :

Application - First Appeal - Second Appeal

No legal route possible till the Second Appeal is over. Even after that, the only legal route is via a Writ Petition in the High Court and no other legal remedy is available.