Need Help: Who would be the first appellate authority?

[chaglasmc]

I had personally submitted 2 RTI applications on July 11, 2008 to the Village Secretary, Gram Panchayat office. The RTI acknowledgements(stamped & signed by a clerk in the gram panchayat office) & the fee receipts are attached. I have not received any reponse from the PIO till date(Aug 17, 2008). I have the following questions

a. Do you see any problem with my RTI applications(see attachment)

b. In case I have asked for information from the wrong PIO, would it be the responsibility of the PIO to transfer the application to the right authority & inform me(within 5 days)? I hope in anycase my RTI application will not be rejected because I submitted to the wrong PIO.

c. As per Sec 19(1) of the RTI Act, a First Appeal will lie with a officer higher in rank to the PIO. I am not sure who would be the next higher rank officer to a "Village Secretary", Would it be the village Sarpanch? How can give me this information?

d. If I get the required information as a result of my escalation to the first & second appellate authorities, if I get the requested information, can I still ask that the PIO be penalized, as he did not give the information in time.

e. If the requested information could not be provided because of my questions not being clear, can this be valid grounds to delay a response to me. I'd expect that they should contact me if they needed any such clarifications.

[wehelp]

30 days has already passed go a head file a first appeal under section 19 (1) with district panchayat officer. Under section 7(1) PIO is supposed furnish the information within the stipulated time of 30 days. as PIO has voilated 7 (1) u can claim the information under section 7 (6) free of cost

[karira]

S M C Chagla,

Can you please inform as to from where did you get this format for a RTI application.
I am curious because the format asks for:

1. Deposit of fees for photocopies: This can only be done after the PIO informs as
to how many pages are to be copied and supplied. It cannot be there on the application.

2. Clause 6 is really strange:
"I assure that I shall not allow/cause to use/pass/share/display/or circulate the information received in any case and under any circumstances, with any person or in any manner which would be detrimental to the Unity or Sovereignty or against the Interest of India."

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Your application is correct and the fees have also been paid.

In case you have submitted to the wrong PIO , then he must transfer the RTI application within 5 days of receipt to the correct PIO (Sec 6(3)).

Since 30 days are over, you can now file your First Appeal to to Village Sarpanch.
(Did the Panchayat office display a board giving details of the SPIO and the AA ?)
As per Sec 7(6) of the RTI Act, you can ask for information free of charge since the PIO has not replied in the mandated 30 days.

As per the RTI Act, the PIO can be penalized only by the State Information Commission (SIC) at the Second Appeal Stage.

Even if your questions were not clear to the SPIO, he could have asked you for clarifications or asked you to "inspect" the relevant documents in his office.

This can be termed as a "deemed denial of information".

There is a general First Appeal format for deemed denial of information attached to this post. You can suitably use it after suitable modifications.

Disregarding RTI Act

[chaglasmc]

Appreciate your help in going through my applications in detail.

I created my own form, most of it came from Income tax refund Bangalore

I was a RTI novice when I created the form. I realize that the fees for photocopies/CDs etc cannot be made at the time of the application. The clause #6 is more to preempt a possible cause for denial of information. I guess this can be ignored too.

Thanks for the "general First Appeal" format. I'd be customizing that & using it.