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Second appeal/complaint for state information

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by , 03-27-2009 at 12:47 PM (4363 Views)
          


I am attaching format and guidelines for filing second appeal or complaint to State Information Commissions

1. Few state information commissions [SIC] have prescribed format for second appeal or complaint. Please check from www.rti.gov.in for state-wise details. If format is prescribed, please use the same. Otherwise above form can be used.

2. Fill-in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.

3. Get one photocopy of:
• Original application under RTI with its enclosures
• First appeal with its enclosures
• Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee and other charges
• Copy of demand letter of PIO for charges if any
• Postal proof of mailing original application and first appeal
• Postal AD slips received from PIO and FAA [if received]
• Decisions of PIO and FAA if received.

4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint.

5. Prepare additional four sets as above by photocopying.

6. Sign each page of appeal, index and chronology chart [all five sets].

7. Self attest all the photocopies by signing under the word “Self Attested”

8. Send one set by UPC post to each of PIO and FAA and attach photocopy of UPC of mail to original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart.

9. Mail original set and one extra copy of set by Speed AD to the commission. Address can be had from www.rti.gov.in

10. Email to SIC. Details can be obtained from website of concerned SIC, by visiting www.rti.gov.in.

11. Retain one set for your record and reference, with proof of mailing and AD received from SIC/PIO/FAA for having received second appeal/complaint.

12. Track progress of your appeal/complaint by visiting tracking system at the website of SIC.

13. Speed post can be tracked and copy of delivery details can be downloaded from www.indiapost.gov.in. Please retain these details for further reference to SIC.

14. Few states have mandated small fee for second appeal. Please visit RTI Rules of the state by referring to www.rti.gov.in and pay the same. Fill in details of payment in the above format.

Note: Unless you are well versed with RTI, it is advisable to consult local NGO/RTI activist for filing first or second appeal to have better result. Services are normally free.
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Updated 04-13-2009 at 08:19 AM by jps50

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Comments

  1. karira's Avatar
    In some States and also for the CIC, you also have to attach the "proof of service" of the Second Appeal/Complaint to the PIO and FAA.
  2. jps50's Avatar
    Sir, kindly refer guideline No. 8 supra.
  3. rudrappa's Avatar
    you have nor mentioned under what section of RTI appeal to commission made and time limits
  4. jps50's Avatar
    There is no need to mention section No. If it is complaint it is section 18 and if it is appeal it is under sec 19. Time limit for filing second appeal is 90 days from the date of receipt of decision of FAA. In case if no decision is received from FAA, it is 90 days from date when decision of FAA was due. For complaint there is no time limit.
  5. nk agarwal's Avatar
    Is sending copy of 2nd appeal to PIA and FAA compulsory?
    What the latest CIC guidelines say about it?
    thnks
  6. arunaviswanath's Avatar
    In case of protracted silence without any responses/replies from the APIOs/PIOs of any department(s)/organisation(s) An appellate authority (senior officer) can award penalties in the capacity of AA to APIOs/PIOs for causing inordinate delays in furnishing replies to an applicant In such event can an applicant approach Central Information Commission New Delhi and file complaint without exhausting channels directly
    kindly comment
    thanks
  7. jps50's Avatar
    AA can only initiate departmental action, but not any penalty under RTI Act. Only CIC/SIC is empowered to penalise PIO and AA. It is advisiable to approach AA before approching CIC, since in majority of cases CIC has remanded the case to AA causing further delay.

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