Need Help: 1st Appellate Authority Fo Cmm Calcutta

[CHANCHAL KUMAR JAIN]

Can Any One Suggest Who Is The First Appellate Authority
Of Chief Metorpolitan Magistrate, Calcutta As The Judicial Department Details Given In Wbrit.in Site Does Not Give The
Name Of 1st Appellate Authority.
What To Do For Preferring 1st Appellate As Cmm, Calcutta
Failed To Give Information As Contained In My Applictain
U/s 6(1) Of The Act

[murgie]

It's the PIO's responsibility to tell you who the FAA is and how to reach him. Try asking the PIO. If you don't get a useful reply in a reasonable period I think it would be appropriate to file a complaint to the CIC u/s18. Other people on this site may have alternative opinions, suggestions. Best, -Murgie

[prbhat_gen]

murgie,

under which section of the act, the PIO is responsible to tell the name & address of FAA ?

[ooom6]

some lower grade officer might be the PIO and Chief Metorpolitan Magistrate,who is head of the particuler jurisdicction is the First appellate authority. verify

[murgie]

Originally Posted by prbhat_gen

murgie,

under which section of the act, the PIO is responsible to tell the name & address of FAA ?

See section's reference ?

I also think there is a rule regarding this, though in searching for it just now I have not been able to find it. I am sure of this because on a couple of occasions (in dealing with SEBI and RBI) when the CPIO did not provide the FAA details, when I asked for them, in contrast to their usual lackadaisical response, for this they responded almost immediately by email with the relevant FAA details. Best,

Murgie

[murgie]

Found the rule on the CIC website: CIC in their FAQ, under duties of PIOs. The key sections are:


12. What are the duties of a PIO?
PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing. ...
Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the Appellate Authority. ...

In general, users of this website should note that the CIC website also deserves more attention from all of us ... in preparing first drafts of requests, figuring out strategies that have been popular among PIOs and FAAs, understanding where the language they use is stolen from, and other useful stuff.

Best,
Murgie

[opsharma]

Originally Posted by prbhat_gen

under which section of the act, the PIO is responsible to tell the name & address of FAA ?

Chanchal,Abhishek , Please go through RTI Act 2005 Section 7 (3) (b) and Section 7(8).
It clearly states PIO shall provide particulars of Appellate Authority.

[jps50]

I would also suggest that U may address first appeal as "To, The First Appellate Authority under RTI Act 2005" and send at the address of Court of CMM by speed ad post. In my 2-3 cases this has worked, when PIO did not reply. Send copy of appeal to PIO. In appeal U can also point out that PIO has not informed U contact details of FAA, which he was duty bound u/s 7 [8] [iii] of RTI Act 2005. Pl request for departmental enquiry for violation of RTI Act provisions and also fundamental right under article 19.1 in prayer column of first appeal.

[sidmis]

Dear CHANCHAL,

Send your First Appeal to Public Information officer with request to forward the Same to the Appropriate First appellate Authority.

This procedure can be also be applied to the submit the 2nd Appeals.

CPIO/SPIO will do the needful.

AS such u/s 5(2) SAPIO/CAPIO are required to receive appeals & forward the same.

And u/s 2(c) and u/s 2(m) there's not much diference between CPIO/CPIO
and SPIO/SAPIO.

I am quoting the relevant portions for your reference.

2.(c) / (m): "C/SPIO" means the C/SPIO designated under sub-section (1) and includes a C/SAPIO Officer designated as such under sub-section (2) of section 5;.

N.B. I have merged both sections. So read accordingly.


5.(2) "to receive the applications for information or appeals under this Act for forwarding the same forthwith to the CPIO or the SPIO or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be"


Sidharth

[karira]

Chanchal,

This issue discussed many times on the forum. Just search for it.

The main posts you can refer to are:

What if First Appelant doesnt accept your appeal ?

What if First Appelant doesnt accept your appeal ?

[sidmis]

The RTI case of Chanchal involves a State PIO & comes under the jurisdiction of WB State Information Commission.

Many times the decisions of the Central Information Commission do not cut much ice with the State Info Commissions / FAAs / sPIOs & Vice Versa.

I have heard SICs bluntly saying that they are not obliged to follow what the CIC is doing since they are INDEPENDENT bodies & capable of taking independent decisions.

Is there any precedent when an Appellant has quoted a decision of an SIC and the CIC accepting the same gladly?

Thus IMHO showing the rule book too is a better option than quoting only CIC decisions & getting rebuffed.

[karira]

Sidmis,

There are many decisions of SIC's and CIC's where appellants or respondents have cited decisions of one to the other and vice versa. In most of the cases, the CXIC or SIC has heard the appellant and also taken a view as to whether the facts of the case and the decision arrived at are applicable to the matter on hand.

However, the decisions of one are not binding on the other.

http://cic.gov.in/CIC-Orders/Decision_29012007_1.pdf

The RTI Act, 2005 is based on the federal principle and the Commission
should not overlook this principle in our functioning. The RTI Act has provided
for establishment of CIC at the Central or Union level and State Information
Commissions at State level. These have been set up by the Union Government
and State Governments respectively. Further the Union and the State
Governments have been authorized to frame rules etc. for the Commissions set
up by them. These rules may be framed according to the needs and
requirements of the respective governments and need not be uniform. Further,
there is no provision for any appeal from the orders/decisions of State
Commissions to Central Information Commission and decisions of CIC may not
be binding on State Information Commissions; at best they may be only of
persuasive value.

http://cic.gov.in/CIC-Orders/Decision_13122006_19.pdf

Appellant has cited decisions of other State Government
Commissions in this regard. Since the issue raised impinges on a number of
decisions announced by this Commission in several cases and similar cases
before State Information Commissions, the matter is referred to the full bench of
the Commission for a final decision on the complaint of Shri Rakesh Kumar
Singh.