Application for Second Appeal

[Sanjay1]

I have written the following application for the Second Appeal. Can anyone help me with it ?

The Central Information Commissioner,
Central Information Commission,
Sir,

MOST URGENT

Subject : Appeal to direct the Public Information Officer of University of DClub Building, Old JNU Campus,

As per the provisions of the RTI Act, 2005, I had applied for information (copy of application enclosed) to the Public Information Officer, University of Delhi But strangely, I did not receive any reply / information w.r.t. my application even after the time period of 30 days lapsed.
I appealed to the Appellate Authority, namely the Regsitrar, University of Delhi Even after a long wait, there has been no reply to my application or to the appeal.
Thus, I hereby appeal to your goodself to kindly direct the PIO of the University of Delhi to provide me the said information as it concerns the life & death of students studying in Delhi University Thanking you & hoping for an early reply,
Yours sincerely,
Sanjay Kumar

[kushal]

1. You must write a subject: Complaint against PIO of the Delhi university u/s 20 of RTI Act for refusal to provide information. (As not providing information is refusal to provide the information.)
2. Enclose the original application along with the receipt of the fees and deposition of application receipt and mention in your main application.
   
3. Mention the relief sought:
   1. Direct the PIO to provide the information
   2. Compensate for the losses of the finances you suffered for commuting to the CIC office.
4. That I may be personally present while my complaint is being heard.
5. Provide your mobile number and also the email address so that the CIC can correspond with you over email.
6. As always write your complete address in the complaint.
7. Make 5 copies of it before submitting it to CIC.

[kushal]

And do read the FAQ here:
http://www.rtiindia.org/forum/faq.ph...faq_2nd_appeal

Regards,

[karira]

Sanjay1,

I addition to what Kushal said, you neet to self attest the documents as well as give a index of the documents reffered in the appeal.

Please see:

http://www.cic.gov.in/CIC-Notifications/CIC%20Appeal%20Rules.pdf

This will make all things clear.

[abhijeet]

one point is not clear to me. For the second appeal should I give five copies of the second appeal or all the other copies i.e copy of application, copy of 1st appeal or if any reply received etc should also be sent 5 copies each ? Or only the 2nd appeal( 5 copies ) will be sent with one copy each of the enclosure ?
Abhijeet

[karira]

Abhijeet,

There is confusion about this issue.
The CIC has recently passed The CIC (Management) Regulation Rules.
Please see: "The Central Information Commission (Management) Regulations, 2007"
However, I read somewhere that the Rules have been kept in abeyance since there was a hue and cry from the public and even objections by one IC.
Visit the CIC website (CIC) and you will get the present rules for second appeal very clearly.
Follow those to the letter "t", to avoid disappointment.

[ganpat1956]

I came across a recent decision of CIC from which I am furnishing the following extracts:

Because the 1st appellate authority has not addressed the questions of appellant, which are of direct concern to the office of his public authority and because appellant has pleaded no ground for making a direct complaint to us u/s 18, or apprehension of malafide on the part of the DoPT, the Commission has decided to remand this appeal to Director IIFM, 1st appellate authority who is directed to dispose of the appeal of Ms Banerjee within 10 working days from the date of receipt of this decision, under intimation to Shri PK Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with the information so provided appellant Ms Banerjee will be free to move a fresh 2nd appeal before us as per Sec 19 (3).
[Decision in respect of Appeal No CIC/WB/A/2007/00131 dated 05.02.2007].

Strangely in this case, the CIC has not called for the comments of the CPIO & AA to decide the matter, but has simply remanded it back to the AA because the appellant has not pleaded any complaint u/s 18. This suggests to all the appellants to invariably make a complaint on any one of the grounds listed u/s 18(1), while filing their appeals.

[mpai]

Originally Posted by karira

However, I read somewhere that the Rules have been kept in abeyance since there was a hue and cry from the public and even objections by one IC.

No where has the CIC claimed that the new regulations have been kept under abeyance. The new management rules are already in force with effect from June 2007. Its only that some of the points raised by different citizens, concerning Fundamental Rights, like Col Kurup had informed us earlier, is being examined. The CIC has decided to invite comments and make suitable modifications after analysis.

So one has to print five copies of the 2nd Appeal as described by kushal, Karira, Ganpat1956 etc. above. Send one copy each to the respondents i.e. the PIO & AA. If the name of the AA is not know, the copy should be mailed to the Head of Deptt. The proof of this should be obtained. Best is to send the copies to the PIO & AA under certificate of posting.

Two copies have to be sent to the CIC along with the photocopy of the proof of having served this notice to the respondents. A photocopy of the UPC should serve the purpose. The 5th copy if for you as the applicant ;-)

Ganpat1956 I believe that the CIC does not call for the comments of the CPIO & AA because your 2nd appeal has been drafted well. In this case, they simply call you and the respondents directly for the hearing. Of course, they also ask the respondents to come with all papers for the hearing. In some case, this is a positive approach by the CIC as the time for calling comments and filing rejoinder is time tasking.

Best wishes

Manoj

[ganpat1956]

Originally Posted by mpai

Ganpat1956 I believe that the CIC does not call for the comments of the CPIO & AA because your 2nd appeal has been drafted well. In this case, they simply call you and the respondents directly for the hearing. Of course, they also ask the respondents to come with all papers for the hearing. In some case, this is a positive approach by the CIC as the time for calling comments and filing rejoinder is time tasking.

Manoj

Point duly taken note of. But can we have your opinion on the necessity or otherwise for the appellant to prefer a complaint u/s 18, while making his appeal.

[mpai]

Originally Posted by ganpat1956

on the necessity or otherwise for the appellant to prefer a complaint u/s 18, while making his appeal.

I would strongly recommend that any applicant also squeeze in a complaint u/s 18 while filing his 2nd Appeal. This was also discussed else where in this blog.

Also whenever you get find any violation of Section 4 by the same PA, do highlight this in your 2nd appeal.

Manoj

[karira]

Originally Posted by mpai

No where has the CIC claimed that the new regulations have been kept under abeyance. .......

Manoj

Manoj,

Please see:

CIC vacation plan to cripple RTI

and

http://www.rtiindia.org/forum/1266-c....html#post4375

Karira

[d.p.goel]

Second appeal to CIC under sec 19(3) is required to filed in a proforma prescribed in the Central Information Commissison (Appeal Procedure) Rules, 2005 published in Gazette notification dated 28th Oct.,2005.

[slchowdhary]

To the best of my knowledge in a University, Registrar is PIO and Vice chancellor is FAA.
Is it different in every univ. ?

I think jps50 has earlier posted a very good all encompassing 2nd application procedure.
I request him to do the needful afresh.

[opsharma]

As for ganpat's question ,the applicant must have a reason as to why is he/she prefering second appeal.This is not only as per requirement of CIC but very much stands to reason.If you have no reasons under sec18,then why go for second appeal.

[karira]

Originally Posted by d.p.goel

Second appeal to CIC under sec 19(3) is required to filed in a proforma prescribed in the Central Information Commissison (Appeal Procedure) Rules, 2005 published in Gazette notification dated 28th Oct.,2005.

These have been changed to CIC (Management) Regulations 2007. Please see:
The Central Information Commission (Management) Regulations, 2007

Originally Posted by slchowdhary

To the best of my knowledge in a University, Registrar is PIO and Vice chancellor is FAA.
Is it different in every univ. ?

I think jps50 has earlier posted a very good all encompassing 2nd application procedure.
I request him to do the needful afresh.

The same system need not be followed in every university. It is the decision of the PA to designate any one as PIO or AA. Check individually for each university.

Originally Posted by opsharma

As for ganpat's question ,the applicant must have a reason as to why is he/she prefering second appeal.This is not only as per requirement of CIC but very much stands to reason.If you have no reasons under sec18,then why go for second appeal.

Sec 18 for Complaints and Sec 19 for Second Appeal.

[jps50]

I had filed detailed step-by-step guidelines for filing rti application, first appeal and second appeal/complaint to cic for central govt info in my blogs. However because of technical problems, old blogs are not on website. I shall be in a day or two reloading these blogs for the benefit of rti users.

[adil85]

I am citing a portion of the decision by CIC in case no. F.No.CIC/AT/C/2007/00372
Dated, the 22nd February, 2008 in which the issue of complaint and appeal appear to have been decided as follows:-
"The initial few words of Section 18 are significant. These read as “Subject to the provisions of this Act…...”. Constructively interpreted, these would imply that Section 18 should be invoked provided other provisions of this Act, relevant to the subject of the petition, have been earlier invoked, or, if there are grounds to hold that the petitioner was prevented from invoking those provisions to seek appropriate relief. That is to say, where the avenue of first-appeal under Section 19(1) is available to a petitioner, he should not be encouraged to skip that level and reach the Commission in complaint under Section 18, especially when the relief sought by him could be best provided through the appellate process. Section 18 cannot be allowed to be used as a substitute for Section 19 of the Act." I think this decision should remove the confusion. Please advice. adil85