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Thread: First Appeal

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    First Appeal


    Whether I can make a complaint u/s 18 for not forwarding the first appeal to the first appellate authority by the PIO himself whose information is not satisfactory.Whether compensation of what nature can be claimed in the complaint


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    Re: First Appeal


    On the question of appeal and compensation, please refer to the posts of Karira and Manoj Pai under the following thread:

    Second Appeal

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    Re: First Appeal


    The PIO do not forward any application under RTI to the 1st Appellant authority. You need to appeal to the 1st appellant authority. However, the PIO should write in the reply to you that who is the 1st appellant authority and his address.

    You cannot claim for compensation from the 1st Appellant authority, and is a prerogative of the CIC (the 2nd Appellant Authority).

  4. #4
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    C J Karira
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    Re: First Appeal



    Kushal,

    If I address the First Appeal to "Officer for 1st Appeal under RTI Act 2005, XXXXXXXX PA" and hand it over to the PIO or the inward desk or anyone else, it should reach the AA. All I need is a stamped copy of the appeal so that there is a record of submission.
    I have followed this process several times because on these occasions there was no way of finding out who is the AA in a particular PA. Even PIO did not know ! After the prescribed 30 days (or 45 days) I did get the reply from the AA. Maybe I was lucky.

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    Re: First Appeal


    Yes, that is an excuse reason for not writing an AA details in the reply for PIO, and in fact PIO are supposed to know their AA invariably.

    There is in fact no harm in submitting through PIO, but that does not make PIO liable for any penalty under RTI Act for this stated reason.

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