Used RTI, made First appeal... what next

[satvansh]

i made RTI with CPIO at New Delhi following are details :
----------------------------------------------------------------------------
---------Receipt as per----Receipt as
--Date---by speed post---as per---------Details
---------tracking----------CPIO
-------------------------------------------------------------------------
1)2-7-08---4-7-08--------9-7-08--------Submitted RTI Appln.

2)5-8-08---7-8-08 ----------------------Due to no response submitted -----------------------------------------First Appeal to FAA

3)11-8-08--------------------------------Received partial response
----------------------------------------from CPIO & asked xerox charges ----------------------------------------for copies of balance queries

4) 11-8-08---14-8-08----------------------Replied to Sl.No.3

5) 23-8-08-------------------------------Reply received for Fist Appeal
------------------------------------------to FAA on 23-8-2008
------------------------------------------ enclosing copy of CPIO
------------------------------------------ reply as per Sl.No.3
-------------------------------------------------------------------------
My question based on above facts is :
i) when should I file second appeal on non receipt of xerox copies
or
(ii) should I make correspondence with FAA or CPIO for getting xerox copies
If so what is date upto which I have to wait.

[abhi987]

Hi Satvansh,

I have copied and pasted sections of the RTI Act relevant to your question:

Section 19 (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

Section 7 (3)(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

I suppose your first appeal has been recd by FAA on 07-08-08 so I think you shud wait for 45 days from the date of first appeal + a weeks allowance for postal delays + the time period of intimation for payment of fees to you and having actually made the payment and PIO getting the intimation that you have made the payment.

[wehelp]

Lets us assume that CPIO received your RTI application
on 9-7-2008

he is supposed to reply with in thirty days from the
date of receiving your application under section 7 (1)
so it would be 9-8-2008 On filing you first appeal the PIO replied
on 11-8-2008 asking u to deposit some amount for xerox
The PIO failed to reply in 30 days under section 7 (1) of the act

He is supposed to provided the information free of cost under section 7 (6) of RTI

Send a letter to the FAA stating this

[satvansh]

the cpio letter was dated 8.8.2008 (i.e. 29th day) and received by me on 11.8.2008, does the section 7(6) (i.e. providing info free of charge) still hold good for me. Anyhow I will write to FAA.

In my case both CPIO and FAA are same, which I found from their correspondence.

[abhi987]

Absoultely not, PIO and FAA cannot be the same person.

When you file first appeal to FAA, he has two options:
1) Instruct the PIO to provide the information / give suitable reply to you.
2) Directly provide you with the information.

When you file first appeal the FAA refers it back to the PIO, and just for the sake of it, the PIO replies back with an evasive reply.

Maybe that is what has happened in your case.

[satvansh]

i have attached the details from their site, kindly note that only PIO address is mentioned and no FAA details given.

[abhi987]

Dear Satvansh,

For your reference I have copy/pasted a section of RTI Act, 2005.

RTI Act Section 7(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.

Although practically it is not followed at all.

But when you file a first appeal you can always quote at the end of your letter that:

Since it is the PIO’s responsibility to inform me of the particulars of the appellate authority as per Section 7 (8) (iii), and he has not done so, it is his responsibility to forward it to the First Appellate Authority.

Anyways I think in your case, even if you have explicitly not quoted / mentioned the above rule, the PIO is anyways supposed to know the Act.

I think you should go ahead and file the second appeal if you have not received the requested information / or satisfactory reason for not providing the information requested.