Question: My first ever second appeal

[rajub]

I have just now received response to my FA for my first RTI querry.

I want to file SA/complaint at the earliest.

However I do not wish I make any procedural errors.

So I am putting up here my course of action. Any suggestion on procedural lapse are greatfully accepted.

1) The FA was made to "Executive Director of PA" as mentioned in order by CPIO (the website also mentions Executive Director as FAA). However the order in response to FA is typed on letterhead of "General Manager" who is lower in rank to Executive Director. The words "Appellate Authority" appear below signature but no mention of the designation or name.

Assuming that the order is passed by General Manager I will mention General Manager as FAA in my second appeal.

2) The first appeal consists of only one page. It was submitted personally to a CAPIO and he has put in his signature and seal on my copy of first appeal. I will be attaching this appeal itself as proof of receipt by FAA in chrnology sheet by encircling sign and seal of CAPIO by red pen and arrow marking as "proof of receipt".

3) No mention of right to second appeal and second appellate authority in FA order. I will be mentioning this as violation of sec 7(8)(iii).

4) I had asked 6 questions of which 2 are completely unanswered by both CPIO and FAA. Out of these 2 one is ignored by both CPIO and FAA. However FAA has said in its order that CPIO has answered all 6 questions. I also forgot to mention this unanswered question in FA. Even though the fact remains that neither CPIO nor FAA has answered this question and FAA says "all 6 questions are answered". So I will be calling it as deemed refusal under sec 7(2).

5) A news item had appeared in all the news papers about filing of FIR against the General Manager of PA for demanding and accepting bribe for reinstatement of a terminated employee. I had asked "whether PA has policy to take appropriate action against its employees who bring bad name to the PA?" In reply CPIO just mentioned desciplinary regulations whereas FAA is competely silent on this though I menioned in FA that my querry is not answered. I will be terming it as deemed refusal.

6) I had asked "whether the PA has earned bad name by FIR?". To this both PIO and FAA said they are not bound to give opinion. I challenged it in FA that sec 2(f) mentions "opinion" as information. To this FAA replied that only opinion available on record can be given. I am undicided on challenging this as "CPIO/FAA should have specifically mentioned that no opinion is available on record".

7) This news report was talk of tawn for good one month. Later, the accused alongwith top officers of PA met Police Commissioner and the accused was not arrested, the witnesses (of which one is a female) were taken to custody. The FAA says "mere filing of FIR does not earn bad name".

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[jps50]

Sponsorer

I invite you to kindly also refer my blog at http://www.rtiindia.org/forum/blogs/...uidelines.html

[karira]

Raju,

Since you are mentioning CPIO/CAPIO in your post, I assume that the Second Appeal is with the CIC.
Please follow the CIC (Management) Regulations 2007 to the letter "T".
To help you, I am attaching a "general format" for Second Appeal to SIC in word doc format. You need to fill in the blanks and modify it suitably to your requirements. I believe that this format satisfies the CIC Regulations for Second Appeal.

1. As long as someone has signed as AA and not "for AA" then it is OK.
Maybe the website has not been updated with the latest information about AA.
Therefore mentioning "General Manager" as FAA is correct.

2. OK

3. FAA is not supposed to mention Right of Second Appeal.
Only CPIO is supposed to mention the particulars of the FAA (Sec 7(8)(iii))
No point pursuing this.

4. Don't call it deemed refusal call it "incomplete information", since you received the information about the other points. But explain the whole thing clearly.

5. Did CPIO just mention "disciplinary regulations" or did he provide you a copy of those regulations or extracts of those regulations. If no, then it is "incomplete and misleading information". Did you raise it in your first appeal ? Please follow same line of argument in the second appeal.

6. He is correct. You have asked for "opinion". Only that "opinion" which is on record can be given. For example if you ask "Is this bridge strong enough to withstand the traffic" - that is opinion. But if a engineers report is available on "record" stating bridge is strong enough, then that opinion can be provided to you.

7. You can take the news report along with you and show it during the hearing of the Second Appeal - in case it becomes necessary.

NOTE:
Please make the Second Appeal - Grounds and Prayer as short and sweet as possible. No long sentences and to the point.
On an average, a Second Appeal hearing lasts for 8 minutes. No one will even care to read many pages and points.

It is also advisable to visit CIC website and see how Second Appeals to that particular PA are being handled. Or similar decisions/orders about similar second appeals. That will also give you good points for arguments.

[rajub]

Thanks jps50 and karira,

Really very, very helpful proformas, not only for me but for any one new to the field.

Dear karira, just one short querry.

Your document mentions DoPT circular. Is this circular applicable to any public authority or to just central government? (PA in this case is a nationalised bank and they have their own service regulations which are made long ago, before RTI Act came into being).

[CODE]5. Did CPIO just mention "disciplinary regulations" or did he provide you a copy of those regulations or extracts of those regulations. If no, then it is "incomplete and misleading information"[/CODE]


CPIO has just mentioned the name of the disciplinary regulations and said they are available in government gazette (but gazette no. and date not given)

Is sec 4(1)(b)(vii) applicable to my querry asking for the policy of PA vis-a-vis actions of its employee(s) incurring bad name to PA? Your opinion please. (Request for all!)

Thanks

Raju

[karira]

I have no clue regarding the applicability of DoPT circular.
Just attach and refer to it. What is the harm ?

Disciplinary Regulations: In that case this is incomplete and misleading reply.

Sec 4(1)(b)(vii) is not applicable here.