Need Help: Framing Second Appeal: FAA passed order also sent Appeal to another PA

[Sajib Nandi]

Background:

1. RTI application was filed before a Central Ministry seeking guidelines in specific service matter applicable [on a specific date] to employees of an autonomous society under its administrative control. [Prior RTI application filed before the society was not replied by PIO/FAA and pending before the CIC]

2. ACPIO of Ministry replied that the Society is an Autonomous Body and has been following, in general, the DOPT guidelines applicable to Govt. servants. But the specific guidelines applicable on that specific date may be obtained from the CPIO of the society.

3. The ACPIO sent a copy of the RTI application to CPIO of the Society.

The application was not transferred under Section 6(3). The CPIO of Society has not acted on the copy sent to him by the ACPIO, Ministry.

4. First Appeal filed before FAA, Ministry referring to previous application on subject before Society and no reply from CPIO of Ministry.

5. FAA did not conduct personal hearing as requested in the appeal.

He merely referred to Para 3(iii) of DOPT's OM No. 10.2.2008-IR dt. 12/6/2008 and reiterated what was written in ACPIO's letter and ordered that- " He [the appellant] may take further necessary action as mentioned therein".

6. At the bottom of FAA's order, the following is written-

"Copy to Secretary (Society) alongwith the appeal dated XXX and reply to the RTI application by ACPIO referred above for necessary action".

Kindly help me in framing a Second Appeal-

(i) CPIO of Ministry did not reply. ACPIO working under him is not competent to sign a reply acting under his direction ("I am directed to reply").

(ii) Application was not transferred under Section 6(3). The ACPIO merely sent a copy of RTI application to CPIO (Society) but it was not transferred under the Act.

(iii) FAA did not conduct a personal hearing where the appellant could insist for a transfer under Section 6(3). Moreover, the DOPT issues guidelines to all Ministries who further circulate them within their jurisdiction.

(iv) FAA sent the Appeal to Secretary of another PA [who is not CPIO for the Society] for necessary action, thus sent the First Appeal to a third party. There is no provision to send/transfer an appeal to another PA.

Regards.

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[karira]

Sponsorer

Your grounds are correct.

For "I am directed" part, refer to post #8 here: http://www.rtiindia.org/forum/12635-...ct-2005-a.html

Some more citations on signature of PIO is a must on RTI reply: http://www.rtiindia.org/forum/693-si...ust-reply.html

On transfer under Sec 6(3): Post No. 8 of: http://www.rtiindia.org/forum/1288-l...lications.html

Personal hearing by FAA if specially requested by appellant: See the grounds in this second appeal: All documents upto Second Appeal - BSNL Express Telegrams - RTI Directory

[Sajib Nandi]

Thanks Karira for very valuable guidance.

Regards.

[jps50]

Following links will be useful:

SECOND APPEAL GUIDE [CENTRAL]:
http://www.rtiindia.org/forum/blogs/...uidelines.html

SECOND APPEAL FORMAT [CENTRAL]:
http://www.rtiindia.org/forum/blogs/...ic-format.html

[Sajib Nandi]

Thanks Jps50.

Regards.