Question: 1st Appeal rejected even when I filed within 30 days

[drgipatel]

Hello All
To the Municipal Corporation (Parks and Gardens)
I had written the application under the RTI Act dated 27/03/2008, and recieved the reply dated 25/04/2008.
I had filed for my 1st Appeal dated 23/05/2008 which is within 30 days from reciept of the Reply.
Yesterday on 27/06/2008 I recieved a letter from the department that they had recieved my Appel Letter on 28/05/2008 and my appeal letter shall not be considered. as it has not reached them on time.
my question is as i have replied within 30 days of reciept of their reply am i responsible for postal delays.
my case has been going on for nearly since 1 year now with this department and every time they play some type of trick to avoid giving me information i have still 1 case pending with the state commision.
Regards

[sidmis]

Dear drgipatel,

This is the usual ploy used by the FAA/PIO when they have something to hide. Perhaps you have stumbled upon something which these officials do not want to disclose.

So don't let it dishearten you.

Rather it should be the reason enough to pursue these cases with more vigour.

Needless to say, you are also expected to file 2nd Appeal.

Sidharth

[drgipatel]

Do i straight away file for a 2nd appeal or do i send a letter to the said department expressing my views and asking for a 1st Appeal oppurtunity
regards

[sidmis]

There's no harm in writing to the 1st Appellate. It will only strengthen your case and possibly get you the desired information.

Give the FAA 10/15 days and then use the PIO route to file your 2nd Appeal.

Clearly ask the PIO to forward your 2nd Appeal to the State Information Commission u/s 5.(2).

Sidharth

[taurus]

I think it would be better to do both simultaneously i.e. write to the FAA to reconsider the appeal and also to file the 2nd appeal to the SIC. It may not be prudent to route the second appeal through the PIO since they may still find some ways of delaying it further.

[sidmis]

It may not be prudent to route the second appeal through the PIO since they may still find some ways of delaying it further.

Asking the PIO to forward the 2nd Appeal is a tactical move.

You are free to send your own 2nd appeal to the Commission as soon as possible without telling the PIO about it.

That way you will always know how much delay the PIO made just to forward a 2nd Appeal. The PIO will always be answerable for the delay since he has to "forward the same forthwith".