Question: PIO sent reply after filing FA ny manipulating reply letter date

[FightForJustice]

I had filed RTI applications for Service records of a Govt servant with whom we have a court battle. Here is the sequence of events

1. Filed RTI on 9th july 2010 and received by PIO on 12th July 2010
2. No reply till 30th Aug, filed FA on Deemed refusal grounds on 1st Sep and recived by FA on 3rd Sep.
3. PIO's reply(rejected under 8(1)(j) ) is received on 4th Sep for my initial RTI with a manipulated date on reply notice.(PIO stated 30th july in reply notice but I received it on 4th Sep, PIO did this to show compliance of time limit and also that he responded after receiving my FA)

My question
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Since i have already filed FA for deemed refusal, should i file an addendun to my firt Appeal with new grounds (8-1-j) OR simply file a Second Appeal ?. as of now i'm thinking to file Addendum to my FA (Deemed refusal). Kindly share your thoughts.

Attaching my FA for Deemed refusal and Addendum to FA, please suggest if my Addendum makes any sense.


-Kiran

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[aksmat]

Sponsorer

please mention how the PIO sent the Order .
If it was delivered to you against receipt , then you can prove the date of delivery of the Order . If it was delivered by UPC / Ordinary Post , simply deny the receipt of the Order if you have not admitted it yourself so far . Delivery by UPC is a rebuttable assumption . Or you can see the postal mark-date on the envelope .

[FightForJustice]

please mention how the PIO sent the Order .
If it was delivered to you against receipt , then you can prove the date of delivery of the Order . If it was delivered by UPC / Ordinary Post , simply deny the receipt of the Order if you have not admitted it yourself so far . Delivery by UPC is a rebuttable assumption . Or you can see the postal mark-date on the envelope .

PIO's reply was through IGS service wherein I need to sign for proof of delivery.

[karira]

Do you have proof of the date of delivery ?

Keep that carefully.

Just write a simple letter to the PIO (with a copy to the FAA) that his reply dated X received by you date Y is infructuous since you have already filed a First Appeal on so and so date.

He can say what he wants during the first appeal hearing.

======

If there is enough time for first appeal hearing, then file a addendum to first appeal with the FAA.

Bring up the matter of date manipulation by the PIO (with proof) in the addendum.

[FightForJustice]

It was delivered to me by IGS post and the postal stamp's date isn't clearly visible. I'm filing addendum to my first appeal to FAA and its a good suggestion that i should also send a letter to PIO notifying him abt the delay.

I added all these points in addendum to FAA and marking a copy to PIO as well.