Thread: Need Advice
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Old 10-20-2007, 05:30 PM
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Re: Need Advice

Prabhakar,

The correct procedure under RTI is:

1. First RTI Aplication
2. If incomplete information, then Appeal under section 18(1)(e) to the
First AA (normally a higher officer than the PIO)
3. In case you are not satisfied with the reply to the First Appeal, then Second Appeal
to the APSIC.

Was the complaint you made to the HOD (the second time) a proper First Appeal ?
Was the HOD the correct First Appelate Authority of the PA ?

Unfortunately, the APSIC throws out cases on the flimsiest of grounds. So, if the answer to the above two questions is NO, then you are not likely to be successful with the APSIC.

It seems from your post that 30 days are already over since you received the "incomplete" reply to your RTI Application. Therefore the time period for filing a first appeal is over.

I would like to suggest the following:

1. File a fresh RTI application with the HOD (the one to whom you complained) asking
for
- the day to day progress of your letter (the complaint letter)
- which officer or staff member is responsible for delay in replying to you
- what action will be taken under current rules and regulations against those
officers/staff members.
- By which date can you expect the correct and complete information under RTI
Act from the district officials as per your request for information under RTI Act
2005 made vide application Nr....dated.......
(To the above RTI Application attach a copy of your first RTI application and a copy
of the "incomplete" reply that you received from the PIO).

2. Although this way you will need to spend some amount for the application fee and
also wait for another 30 days....but it will solve twin purposes:
- Get you the information that you are seeking
- Work as a type of "First Appeal" although 30 days are over
- Get the department to work fast since you are asking for "action" against the
erring officials
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