What if First Appelant doesnt accept your appeal ?

[nile0611]

I had sent my first appeal by Speed Post A.D to city land record and survey, on the envolpe I addressed to First Appeal Authority, Land And Survey Records, District collector, Old Custom House, but the same was returned back unopened along with A.D card. On my enquiry to post office I was informed that no such post or person exists

I then again sent same application to First Appeal Authority C/o Superintendent, Land and Survey Records, District collector, Old Custom House . But the same was returned. On my enquiry to post office I was informed that they will accept only hand delivery.

It seems the collector office is taking The RTI on ride, and that F.A.A wants me to personally approach him, I think he want to threaten me or discourage me.

I want valuable suggestion from all esteemed members .

What should be my next step?

[jps50]

U can send envelope to SCIC with a complaint.

[colnrkurup]

It is litle difficult to give an ideal solution. I can state as to what I would have done in similar situation. - " Make a First Apopeal addrssed to Superintendent of Survey and Land Records & Appellate Authority under RTI Act inside. Fold it in such a way that it may not be easy to read it without fully opening it. Do not use any envelope. Write the address on the outside of the appeal as Superintendent, Survey and Land Records (Do not mention the word Appellate Authority in the address written outside). Of coursae you have to give the From Address. Sent it by Registered post. I don't think it will give him any chance to refuse to accept it.
Kindly give us thefeed back.

[nile0611]

Frankly speaking when am i am sending Appeal, I have to spend 45 rupees i.e, 20 for RTI fees being of Maharashtra state and Rs. 25 for postage. I have already spend nearly 100 Rs just to send First appeal.
If I'll send again one more appeal it will agains cost me 45 Rupees more and that to we don't have gaurantee whether the same will be accepted of returned back.

Now can I directly approach second appelleta authority and mention in my appeal that the F.A.A has refuse to accept my appeal. As I am having proof of un-opened envelope refused by F.A.A

[colnrkurup]

What is the remarks endorsed by the Post office in your second letter addressed to the Superintendent, Survey & Land Records ? If it contain any remarks implying that the Superintendent, Survey and Land Records has refused your application, you can go ahead with a Complaint to the SIC. Simultaneously float a Complaint to the Post Master of the Post office where you registered the letter that the particular letter addressed to the Superintendent of Survey and Land Records has been returned by the Post Office undelivered to the addressee despite existance of such an office in the address correctly given. You should also mention in the complaint to the Post Master that non-delivery of the above letter to the addressee has caused you injury.The Post Master is likely to defend himself and likely to provide you useful reply.

[latelearner]

Technically speaking there may not be any post as 'First Appeal Authority".
Since the letter was addressed to 'first appeal authority' they will escape saying that there is no such post. Actually there will be some officer designated to function as the first appeal authority. So the appeal has to be addressed to that person only by designation.There need not be any mention about the appeal on the outside of the envelope. An inland letter sent by registered post will serve the purpose, I think.

Latelearner

[colnrkurup]

So long as it can be proved that the appeal addressed to the Superintendent of Survey and Land Records is delivered to the Superintendent of Survey and Land Records and inside the letter it is addressed to the Appellate Authority stating that it is the First Appeal under RTI Act,the legal requirement will be fulfilled. Inland letter by Regd Post is ideal. But it has no provision to enclose the copy of the initial request application. That is why I was suggesting to fold the application in a way similar to inland letter.

[karira]

nile,

1. First, please check if the PA has designated a FAA
Is his name/designation/contact details displayed and published somewhere ?

2. Did the PIO inform you the details about the FAA in his reply to you ?

If the answer to the above is NO, then:

1. You can submit your First Appeal to ANY officer in the PA, "higher in rank" than the PIO.
2. ALTERNATIVELY, you can also submit your First Appeal to the head of the Public Authority

This is because the RTI Act is silent on the "designation" or "appointment" of a AA (although it talks clearly about designation of PIO)

There are several decisions of the CIC where solutions nr. 1 and 2 above have been given by CIC itself. I have them on my other machine and in case you want, I can give the reference here.

Re the costs that you incurred and the hassles you had to go through, you can ask for "compensation" at the Second Appeal stage (if you go till that stage). Please keep all receipts carefully with you.

[karira]

nile,

http://cic.gov.in/CIC-Orders/Decision_14062007_19.pdf

However, because the responses to the RTI applications of Shri Shiva Kumar have been on time no penalty will lie. On the other hand because of the failure of the CPIO in providing the correct identity of the Appellate Authority to the appellant, appellant’s first appeal was misguided therefore justifying his claim for damages. Shri Shiva Kumar will, therefore, submit to us a statement of the damages that he may have suffered on account of delay in responding to his first appeal. These details may be submitted to us either in writing or by electronic means at fax No. 011-26106145 or e-mail – whabibullah@nic.in so as to reach us by 10th of July 2007, to enable us to take a decision in this matter.

http://cic.gov.in/CIC-Orders/Decision_05122007_02.pdf

It is also correct that in responses to those similar applications, regarding which appellant Shri Manoj Pai has complained of inadequacy during the hearing, the name of the Appellate Authority has not been given. That in itself cannot constitute a reason for avoiding a first appeal because under Section 7 sub-section 8 of the RTI Act 2005, the particulars of the First Appellate Authority are mandated to be given only where a request has been rejected under sub sec. 1. We do, however, feel that because an applicant may not necessarily be fully satisfied with the information provided initially, it is advisable for Public Information Officers always to give the name and address of the First Appellate Authority, should the applicant wish to avail of the first Appeal.

http://cic.gov.in/CIC-Orders/Decision_28052007_24.pdf

The CPIO has failed to mention the name of the Appellate Authority in his communication to the appellant. The CPIO should be careful about such omissions in future. In all his correspondence with applicants, name, designation and the address of the Appellate Authority shall be included.

http://cic.gov.in/CIC-Orders/Decision_31102006_2.pdf

Please read full decision. CPIO does not inform details of AA and applicant has problems submitting his First Appeal, First Appeal also not properly handled. Compensation awarded to applicant.

http://cic.gov.in/CIC-Orders/Decision_31012008_30.pdf

The CBDT is directed that they should issue instructions to officers, especially those in non-metro stations, to be careful about attending to RTI-requests and first-appeals from applicants / appellants. Their attention may be drawn to the provisions of the RTI Act about timely disposal of RTI-applications / first-appeals by the CPIO and the first Appellate Authority and also to the fact that any officer superior to the CPIO / APIO can, for the purpose of this Act, be construed to be the Appellate Authority (for first-appeals) in case the petitioner is not properly guided about where to file his first-appeal.

[nile0611]

Originally Posted by colnrkurup

What is the remarks endorsed by the Post office in your second letter addressed to the Superintendent, Survey & Land Records ? If it contain any remarks implying that the Superintendent, Survey and Land Records has refused your application, you can go ahead with a Complaint to the SIC.

The un-opened envelope has the remarks in the marathi it states that Despatch section of the office refuse to accept the letter and the same will the accepted if brought personally.

[nile0611]

Originally Posted by karira

1. First, please check if the PA has designated a FAA
Is his name/designation/contact details displayed and published somewhere ?

1. Yes the P.A has designated a FAA and the Supdt. Land Record is FAA I has got the same from the website of PA.

Originally Posted by karira

2. Did the PIO inform you the details about the FAA in his reply to you ?

2. No PIO did not inform me the details of FAA.

[colnrkurup]

As for as the Appellant is concerned the remarks are as good as endorsed by "the addressee". To me it is befitting for a Complaint to Commission without any further delay. Hope you have made the complaint to Postal Authorities as suggested. There are innumerable options available to you as suggested. You may select the option best suitting you.

[karira]

Originally Posted by nile0611

1. Yes the P.A has designated a FAA and the Supdt. Land Record is FAA I has got the same from the website of PA.

2. No PIO did not inform me the details of FAA.

Nile,

Two choices:

1. Either personally make First Appeal and highlight this refusal in the First Appeal.
2. Direct complaint to SIC under Section 18.

Alternative 2 can have possibilities of compensation. Alternative 1 will be faster to get you the information.

[karira]

Originally Posted by nile0611

The un-opened envelope has the remarks in the marathi it states that Despatch section of the office refuse to accept the letter and the same will the accepted if brought personally.

Nile,

Sorry, I just saw your above post.
This makes it clear that the PA has refused to accept your First Appeal unless you go personally.
There is no provision in the RTI Act for submitting a First Appeal "personally", in fact there is no mention anywhere of the mode of submission.

I think better to go direct for Complaint to SIC under Section 18(1)(f).

[nile0611]

Thanks,
I am now planning to complaint the same to the SIC under section 18(1)(f).
Can I get any format or sample of the complaint as it will benefited to me as well as all the other members of forum.

[karira]

nile,

For Maharashtra you have to file the Second Appeal as per Form C.
That is available in the attachment to this post:

http://www.rtiindia.org/forum/2370-n....html#post8213