Second Appeal

[Sanjay1]

I had applied for the list of petrol pumps/ gas godowns near crowded places (schools, colleges, banks, etc) to various agencies namely MCD, NDMC, Delhi Univeristy, DDA, Ministry of Petroleum, L & DO, etc. I had filed seperate applications under RTI by depositing the RTI fee individually to all these offices.
The replies recd. were as follows :
DDA : No such record is available
MCD : The question does not fall in our jurisdiction, hence transferred
Delhi Univ : No reply
Min of Pet : Application trf to oil agencies
NDMC : No such record is available
L& DO : No such record is available

When I applied for the First Appeal, the reply recd was as follows :
DDA : Appeal Rejected
MCD : No reply
Delhi Univ : No reply
Min of Pet : Appeal rejected
NDMC : No reply
L& DO : Incomplete reply

What should I do w.r.t. the following :
(a) Should I apply for the Second Appeal in separate applications appealing against the orders ?
(b) Or will one application (combined for all agencies) be enough ?

Pls help.

[kushal]

Would you care to let us know the application. It would help us to know why the appeal was rejected, and whether there are grounds to appeal for CIC.

[karira]

Sanjay1,
I agree with Kushal, please let us know the full application
so that someone on the board can not only anlyse but also help you.

[sunil sri]

Sanjay1,
May be the one reason regarding rejection of your application i.e. No system exists to find out extension of city/crowd which would be increasing in future in the Ministry, DDA, MCD. It is a very big exercise for the public authority to monitor such issues, however, the same is ambit of the MCD/DDA.

[nile0611]

please lets us know the case so that we can also apply on same ground in our vicinity.

[Sanjay1]

I wanted a list of petrol pumps which are near schools, colleges, markets, etc. for which I applied to the PIO of MCD, DDA, Delhi University, NDMC, L& DO. That was the only thing I wrote in my application

[ganpat1956]

I can understand the Delhi University not having any record of such petrol pumps. But still they should have atleast provided a negative reply or forwarded the RTI application to to the oil marketing companies.

However in my estimation, the DDA cannot claim any ignorance about such petrol pumps. The Planning Department of the DDA is entrusted with issuing of no objection certificate for allotment of land for setting up petrol pumps, in tune with the Master Plan 2001, while the actual allocation may be with some other department of DDA. Hence sufficient records should be available with them.

If any of our members know more about the powers of DDA in this area, please provide your clarifications.

[Sanjay1]

No one has actually told me what I should do.......we can keep on discussing these things but let me know if I should have one "second appeal" (to CIC) for all these agencies or should I have seperate appeals ?

[ganpat1956]

Separate appeals, ofcourse.

[karira]

Sanjay,

1. Separate appeals for EACH of the original applications.
2. Preferably in second appeal be very consice and clear, as under:
1. Background: That you applied to PIO and got/not got a reply.
That you appealed and the reasons why you are not
satisfied with the replies.
2. Grounds of Appeal:While giving the reasons under grounds of appeal
please quote the relevant sections of the RTI Act. For example,
where information is incomplete you can quote Section 18, 1, e.
Or , if PIO did not transfer your applicatioin to the correct PA within
5 days quote Section 6 last para of the Act, etc.....
3. Your plea in the appeal:
What do you want and expect the CIC to do based on your
appeal ?
You want CIC to instruct PIO to give correct information
You want CIC to levy penalty unbder Section 20 of the Act
You want compensation as per the relevant section of the Act..
Etc
Etc.

Mention all relevant dates clearly (in case you are asking for penalties to be imposed).
In case you need help in drafting the secoid appeal, please let me know and I will send you a format.

You can also refer to the following thread:

How to apply for second Appeal under RTI, is there an format?

[mpai]

Originally Posted by karira

Sanjay,

You want CIC to instruct PIO to give correct information
You want CIC to levy penalty unbder Section 20 of the Act
You want compensation as per the relevant section of the Act..
Mention all relevant dates clearly (in case you are asking for penalties to be imposed).
In case you need help in drafting the secoid appeal, please let me know and I will send you a format.

You can also refer to the following thread:

How to apply for second Appeal under RTI, is there an format?

Please note imposing the Penalty under Section 20 is the prerogative of the CIC. So dont press for it, just ask that you may be provided with all the information requested in your original application. Simply asking the CIC for information would impress more on your need and urgency for information and will make them issue a show cause notice for penalty to the PIO.

If you seek the compensation, you will have to subtantiate the need by the loss you have suffered or the hard ship you have faced.

Best of luck.

[Sanjay1]

Should I draft the Second Appeal in parawise application or pointwise (having points like Grounds for relief, Prayer, background, etc)

[karira]

Yes, Sanjay.

[Sanjay1]

Yes for what : parawise or pointwise ?

[karira]

Sanjay1,

Pointwise please.