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How to write First Appeal under RTI?

Old 05-02-2008 08:07 PM
jps50 jps50 is offline
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13 Simple Guidelines to follow while filing 1st Appeal under Right to Information Act 2005.
  1. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA).
  2. If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIO.
  3. Find out name, designation and address of first appellate authority from the decision letter of CPIO. If no reply is received, visit the web-site of the govt. dept/office/undertaking and refer RTI icon for these details.
  4. Despite above efforts, if you are not in a position to locate details of FAA, address your first appeal as under:
    The First Appellate Authority under RTI Act 2005
    C/O.
    Head of _______________Dept/office
    and mention address of CPIO’s dept/office
  5. If you want to be present during the first appeal hearing, mention it at the end of your appeal.
  6. No fee is prescribed for first appeal for Public Authorities under the Central Government.
  7. Some States have a prescribed fee and a specified format for First Appeal. Please check RTI Rules of individual Sates regarding First Appeal fees (if any), mode of payment, format (if any) if your First Appeal is to a Public Authority falling under State Government.
  8. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature.
  9. Retain one set of appeal and postal receipt and AD receipt.
  10. You can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoided.
  11. FAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writing.
  12. The FAA can give either a "spoken" order or a written order.
  13. Department of Personnel and Training (DoPT) has issued specific instructions to FAA's. These can be referred to here:
http://www.rtiindia.org/forum/2987-i...authority.html

Experience with FAA is not encouraging so far, as he belongs to the same dept/office of which information is sought. Usually FAA concurs with the CPIO. FAA is a senior officer in the office/dept of CPIO. Below find attached the format for First Appeal.
Attached Files
File Type: pdf firstappeal (68.57 KB, 372 views)
Tags: 1st appeal first appeal appeal FAA first appellate authority

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Replies to Article: How to write First Appeal under RTI?
  #1   Report Post  
Old 08-02-2008, 06:38 PM
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sajeev sajeev is offline
Name: Sajeev
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Join Date: Apr 2008
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sajeev
Re: How to write First Appeal under RTI?
I don't know if in this forum I can ask questions. I filed an RTI application to the ACP, Kochi city in Kerala in May 2008, regarding a birth place verification for my passport. I got a reply from them telling me that my application was forwarded to the ACP Special Branch and directed me to inform them if no answer is given by the Special Branch. Accordingly on June 13, I sent another letter to the ACP telling that I had no response from the Special Branch and asking them to intervene. I have not received any reply from them since. It is surely much more than a month. Can I file a petition to the appellate authority now? You have mentioned in your article that the first appeal should be filed within 30 days. What should be my course of action now?
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  #2   Report Post  
Old 08-09-2008, 06:11 PM
vijendra singh vijendra singh is offline
Name: vijendra singh
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Join Date: Jul 2008
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Posts: 197
vijendra singh
Re: How to write First Appeal under RTI?
You wrote a complaint to the deptt. Now u write an appeal to the head of deptt attatching xerox copies of application, complaint, details of fees etc. T
  #3   Report Post  
Old 09-09-2008, 11:39 PM
dr.bhavesh dr.bhavesh is offline
Name: bhavesh patel
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Join Date: Sep 2008
Location: kherwa
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dr.bhavesh
Re: How to write First Appeal under RTI?
i have posted application to fetch information in civil hospital but not knowing to pay fee by mistake . where and to whom should i pay the same
  #4   Report Post  
Old 09-14-2008, 12:56 PM
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ravikumar_108 ravikumar_108 is offline
Name: Ravikumar
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ravikumar_108
Re: How to write First Appeal under RTI?
Dr Bhavesh,

Is this an Application under RTI Act ? The PIO may contact you for the information fee. I have heard instances from the community where some PIO's contacted to have the fee dues collected.

There are chances that the PIO may reject the application as well.. to be on the safer side, please resend the application with Indian Postal Orders (available at Post offices).

Ravi
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Old 10-05-2008, 05:30 PM
mjreddy mjreddy is offline
Name: M jayaram reddt
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Join Date: Sep 2008
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mjreddy
Re: How to write First Appeal under RTI?
I have sent a letter to registrar for the information on 12.09.08.Till today I didnt receive any letter.Shoul I shoot another appeal to the dept head with fee within 30 days or after 30 days
Pls advice me in this regard

Thnks in advnce

 

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