Thread: In the absence of reply from PIO how to initiate appeal procedure?
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Old 02-04-2008, 11:41 AM
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Re: In the absence of reply from PIO how to initiate appeal procedure?
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Originally Posted by prk1949 View Post
Many thanks for this information. Absence of reply according to the Act is to be interpreted as "refusal". I have gone through the guide book. Unfortunately, the Chennai Corporation does not figure anywhere. I am now trying to contact the concerned official on telephone. Your approach to the issue is pragmatic. I appreciate it.
No reply from the PIO within 30 days (35 days in case application submitted to APIO) implies "deemed refusal":

7(2).If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.

Make a First Appeal.

In the First Appeal, please mention that the PIO should be penalised under Section 20 at the rate of Rs 250 per day subject to a maximum of Rs 25,000 from the day information was due (xx/xx/xxxx) till the date the information is finally given. Although FAA does not have powers to levy penalty under section 20, your mention of this in the First Appeal, will ensure that it is taken up at the SIC level during Second Appeal (only SIC/CIC has power to levy penalty).

However the FAA has the powers to recommend disciplinary and other administrative action against the PIO as per rules and regulations. You can also ask for this in the First Appeal.

The information provided to you should be "Free of Cost" as per section 7(6):

7(6).Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).
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