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Thread: Asst PIO and First Appeal

  1. Re: Asst PIO and First Appeal


    i have already appealed for the first time but not in the format and without the fees...now should I appeal again or go for the second appeal to the SIC. I have seen those URLs.... but this is my question.



  2. #10

    Re: Asst PIO and First Appeal


    Since you have skipped the prescribed format, your application
    is most likely to be rejected. You have to apply again in the proper format.
    You may do that now or the 1st AA may ask you for the same while rejecting your application.
    You cannot skip this and go for 2nd appeal to the SIC.

    Sidharth

  3. #11
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    C J Karira
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    Re: Asst PIO and First Appeal


    Quote Originally Posted by sidmis View Post
    Dear Debasish,
    I am surprised see that the APIO has responded to you instead of the PIO.
    Who has signed the letter?
    As per rule the reply from PIO must also mention about the Appeal procedure.
    As kushal has rightly said you must lodge a complain with Orissa SIC.
    Kushal, It should be SIC not SCIC.

    Sidharth
    Please see the following decision of the CIC:

    https://cic.gov.in/CIC-Orders/Decision_05052006_3.pdf

    The appellant has complained that the APIO, rather than the PIO had furnished
    him the reply dated 8.11.05, which did not carry the name of the designated PIO, nor did
    it mention the name of the appellate authority before whom the appellant could file his
    appeal against the order of the PIO. It is the appellant’s case that the APIO’s
    responsibility under Section 5(2) of the RTI Act is limited only to receiving the request
    for information or an appeal and to transmit the same to the appropriate PIO or to the
    Central Information Commissioner as the case may be. The APIO cannot take on himself
    the duties and the liabilities of a PIO as contained in Section 5, sub section (1), (3) (5)
    and Sections 6 and Section 7 of the Act. It is the contention of the appellant that the
    failure of the APIO to mention the name of the PIO in his order dated 8.11.05 was a
    serious error which was further compounded by the APIO’s misjudgement in
    unauthorisedly stepping into the shoes of the PIO.

    From the stand-point of the technicality of the RTI Act, the appellant, no doubt,
    has a point. The Act has surely limited the APIO’s role only to receiving applications for
    information and appeals and transmitting the same to their proper destination. His
    responsibilities are not co-extensive with the PIO’s.

    We would, however, like to limit our examination of the case only to the point
    whether this action of the APIO created any special disability for the appellant in
    exercising his rights under the Act.

    We agree with the appellant that in the normal course an applicant for information
    has a right to receive the reply from the PIO and the PIO only. We, however, see no legal
    difficulty in the PIO using the services of an APIO to transmit the former’s decision on
    the application for information through the APIO. In our understanding, this will not lead
    to any miscarriage of justice or place undue restriction on an information seeker’s rights
    under the RTI Act. We, however, like to caution that any order issued by a APIO on
    behalf of PIO must clearly state that the former was only transmitting the orders of latter
    and should also state the name and the designation of the PIO on whose behalf the
    AAPIO might be acting. This will enable the information seeker to bring against the PIO
    any charge of delay etc. if that happens to be the case.

  4. #12

    Re: Asst PIO and First Appeal



    Thanks Karira for this post.

    I was looking for a decision like this for a long time.

    It will help me and others facing similar dilemmas.

    Sidharth

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