Issues relating to First Appeal
Of late, PIOs are denying information sought under RTI Act with the reason that matter is sub-judice i.e. matter is pending with a court of law or tribunal or consumer forum/commission etc. To counter this, please peruse and use attached note.
Many a times, PIO redirects applicant to website for getting information rather than himself supplying it in hard copy. You can file first appeal based on attachment.
Whenever information relating to or supplied by third party is sought under RTI Act, PIOs refuse stating that information pertains to third party. Some PIOs issue notice to third party u/s 11.1 and if third party does not permit, PIOs decline supply of information stating that third party has not permitted or has objected to supply of information. I am attaching a note which can be used while applying or appealing for third party information.
Please also refer - http://www.rtiindia.org/forum/blogs/...r-rti-act.html
Updated 05-30-2012 at 12:34 PM by jps50 (UPDATION)
If no reply is received within 40 days of mailing RTI application[ including postal time of 10 days], first appeal needs to be filed within 30 days from the date reply should have been received.
I append below format for ready use. It can also be emailed followed by hard copy by ordinary post or else it has to be mailed by registered AD /speed post. If ACPIO is available nearby, it can be delivered to him against his acknowledgement. In case if designation of appellate authority
Updated 06-02-2011 at 04:07 PM by jps50 (addition)
At times C/PIO does not release information, even when first appellate authority decides and orders supply of information. Applicant should file second appeal/complaint to CIC/SIC. Additionally Applicant can invoke Consumer Protection Act 1986 and also section 80 of CPC. These are time consuming recourse. I suggest that a letter as per attached draft should be tried first. Threat of departmental action against C/PIO may sensitize him for supply of information.
Now a new mischievous trend is witnessed, whereby first appellate authority [FAA] does not answer first appeal, forcing information seeker to resort to complaint or second appeal to CIC/SIC. Complaint or second appeal is heard after delay ranging from 6 to 36 months, where in IC remands the matter back to FAA to decide in a fixed time.
Under such a situation, FAAs are encouraged not to decide first appeals and thus compel appellants to file second appeals or complaints, since FAAs
Updated 07-01-2011 at 03:09 PM by jps50
NOTE TO BE INCLUDED IN ALL RTI APPLICATIONS AND APPEALS FOR PROPER COMPLIANCE OF RTI ACT 2005
For your kind information, I add that in addition to RTI Act 2005, I can proceed against public authority and its officers under The Consumer Protection Act 1986 as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation,
Please refer attachment which can be used while filing first or second appeal for denial of information quoting section 7.9 of RTI Act [Disproportionate diversion of resources]
Updated 11-30-2012 at 07:57 PM by jps50 (improving)