How to draft First Appeal

[nile0611]

I have made an application under RTI still after 30 days I have not received any reply.
I want to make a appeal to First A.A, Can any one suggest me with the "standard format question" one can ask to First Appellant Authority in case of non-receipt of reply.

[karira]

Nile0611,

Why do you want to go for first appeal ?
Under section 18, 1, c) you can directly "complain" to the CIC or the SIC.
Any particular reason you want to go in for First Appeal ?

[mpai]

Originally Posted by nile0611

I have made an application under RTI still after 30 days I have not received any reply.
I want to make a appeal to First A.A, Can any one suggest me with the "standard format question" one can ask to First Appellant Authority in case of non-receipt of reply.

Yes it would be better to file a First Appeal, if you know who is the First Appellate Authority. Send a simple letter giving details on your application, address of the CPIO etc. Make sure you enclose the copy of your application along with details on application fee.

Good luck

Manoj Pai

[ooom6]

i have seen so many decisions of apstate information commission in which number of decisions were dismissed as the rules framed u/ RTI act are not followed.say 1] non payment of application fee 2] not availing fecility of first appeal etc. and proceedure laid down in the rules. verify whether you followed all the rules before taking any action like filing complaint to CIC OR SIC or ist appeal.Or it will become a futile exercise.

CONTENTS OF APPEAL shall contain the following information
1] name and address of the appellant
2] name and address of the state public information officer or cpio against the decision of whom the appeal is preferred.
3] particulers of the order including number,if,any, against the which the appeal is prefferred.
4] brief facts leading to the appeal.
the copy of the application to cpio could be filed,and that u have fulfilled all the rules as per the actand rules there under and u have not received reply after the lapse of 30 days from the date of fIling application. any communication between u and the CPIO should be mentioned.
u should file the appeal 30 days after the lapse of 30 days from 1st applicaton or 60 days from the origi nal application or u may file petition to condone delayor if any
if u have not known the appeallate authority send yr appeal addressed to the next higher authority of the CPIO.

[karira]

Members, please note that there are different sets of rules and procedures for filing first and second appeals.

It depends on :

1. Whether the Public Authority is Central or State
2. Which State (rules vary from State to State)
3. Whether its a Parliament or State Legislature (varies from State to State)
4. Whether it is a Court (varies from State to State)

As ooom6 has mentioned, please read and follow the rules carefully before submission, in order to avoid disappointment at a later stage.

[abhi987]

I think there are two possibilities.

1) One has received a reply to the RTI query within 30 days but he/she is not satisfied with the information provided in the reply and

2) One has not received a reply at all.

In case of first possibility i.e. one has received the reply and is not satisfied, I think he/she should opt for going into first appeal.

In case of second possibility where one has not received the reply at all, I think he/she should take the matter forward directly to the CIC.

[karira]

SK,

Your suggestion in item 1 is valid. However, if the alternative suggested in item 2 is followed, it will lead to disappointment and prolongation of the whole matter. Please read:

http://www.rtiindia.org/forum/3634-s...order-cic.html

http://www.rtiindia.org/forum/3659-c...sses-buck.html

Catch 22 situation......need help