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Thread: First Appeal

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    First Appeal


    The first appeal to the Appellate Authority was routed through the PIO himself.Instead of forwarding the appeal to the Apellate Authority, the PIO himself further replied on the appeal.Is it correct on the part of PIO to reply instead of forwarding the appeal? what action is to be taken for this action of PIO?Whether a complaint u/s 18 will lie?


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    Re: First Appeal


    As you need to apply for the 1st appeal yourself, you do not need to give it to PIO to forward the appeal. The complaint would lie if the PIO failed to provide you the detail of the 1st appellant authority in his reply, and therefore you had submitted the appeal to the PIO himself.

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    Re: First Appeal


    p.esakkimuthu

    Maybe the AA gave a spoken order and the PIO replied.
    Does the reply of the PIO say anything about the answer being in response to your First Appeal ? Or is it a general letter ?
    Please see the following thread:

    http://www.rtiindia.org/forum/ask-rt...ust-reply.html

    In some of the decisions of the CIC, it is mentioned that:

    b) Appeal 182/ICPB/2006, FNo.PBA/06/226 Dated: 7th Dec 2006 “In terms of RTI Act, it is the responsibility of the designated PIO/CPIO to deal with applications under the Act and any decision on the same has to be taken by the said CPIO. In terms of Section 20(1), he can also be penalized for knowingly furnishing incorrect, incomplete,
    misleading information etc,. and therefore, every decision has to be conveyed under the signature of the designated CPIO. Likewise, comments on the appeal also has to be sent under his signature as he has to justify the decision taken by him. Therefore, the CPMG may advise all the CPIOs under her control to ensure that all the RTI applications are disposed of under their own signatures and that normal office procedure to convey decisions, is not applicable in communicating decisions under
    the RTI Act.”

    The doubt is the sentence in red.....when the CIC says "appeal also has to be sent under his signature..." does "his" mean the PIO or the AA ?

    In one of the cases that I had, the PIO did not sign the reply but it was signed by a normal officer signing under his name and normal designation. In the First Appeal, apart from other grounds, I did mention this matter. But in reply, I got a long winded explanation which clearly showed that the officers of the PA were totally confused about the RTI Act, definitions, etc.
    Although I was sure that the contention was totally wrong, I did not know as to whom to take up the issue with, so I just gave up.


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    Re: First Appeal



    the PIO himself further replied on the appeal.Is it correct on the part of PIO to reply instead of forwarding the appeal
    No this is not correct. The appeal cannot be replied by the CPIO, and if the appeal of yours has reached 1st Appellant authority, and it was than replied to by CPIO, the complaint can be made with CIC. However, you must make sure that the appeal did reach the 1st Appellant authority.

    appeal also has to be sent under his signature..." does "his" mean the PIO or the AA ?
    This is in reference to when the Appellant authorities ask for the comments from CPIO regarding the appeal. The comments in this case should be signed by the CPIO to be sent to Appellant authority for the decision of the appeal.

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    Re: First Appeal


    The PIO quoted the appeal date in the reply. There is also no mention that the Appeal was sent to the Appellate Authority. Thus the first appeal is disposed of by the PIo himself answering the points raised in the first appeal.Please clarify

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    Re: First Appeal


    As mentioned, it is but very clear that this is not regular, and you must either send the 1st Appeal directly to Appellant Authority or take a recourse to CIC making a complaint of the same.

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    Re: First Appeal


    The PIO did not mention that the Appellate Authority has directed him to reply.Simply citing the date of appeal, the PIO furnished information.

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    Re: First Appeal


    This sounds totally #StrangeDecision .
    The PIO seems to be assuming the role of the AA !
    In such a situation, what is the need for having a AA under RTI Act at all ?

    I suggest the following:

    Make a new RTI application to the PIO, referring to your appeal and the PIO's answer and ask for the following information:

    1. Which all officers saw your appeal ?
    2. On what dates did they see the appeal ?
    3. Did AA see the appeal ?
    4. Did he give any orders on your appeal ?
    5. Ask for copy of the orders given by AA ?
    6. Why has the PIO replied instead of the AA ?
    7. Ask for inspection of the relevant file and file notings

    You will obviously have to wait for 30 days more to get the above information but it will make things crystal clear and also highlight to the PA, AA and PIO that something is amiss in the process of handling appeals under the RTI Act in this particular PA.

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