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Thread: Need Advice

  1. Need Advice


    Hi everbody,
    I come from andra pradesh.I need some advice regarding couple of recent RTIs I have filed.
    I had filed couple of RTI applications.
    1) I filed an applicaton requesting inforamtion about finances my village panchayat.Since I was not sure who the PIO was ,I requested the info from the commisenarate of Panchayat Raj, AP. They sent me a letter, promptly ,directing concerned district officials to provide me with the info.After a long gap,the district officials did send me the requested info, which was incomplete.
    Subsequently I complained to the HOD, Commissionerate of panchayat raj about the incomplete information. Again the commisinerate has directed the district officials to provide me with the info.Its been over a month now& I dont have any further correspondence.I have also asked the commisionarte to provide me with action taken report on erring officials.Is it appropriate ?
    2) I filed an applicatioion addressed to HOD,commisionerate of housing board ,APto provide me with the list of benefiiaries (in my village)under various housing schemes in the last 7 yrs.Its been over a month & there is no response.

    With the 1st application they gave me incomplete info,reg 2nd one they have not given me info at all.Should I file an complaint with state information comissioner, Andra Pradesh? If yes could anybody explain me procedure



  2. #2
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    Col NR Kurup (Retd)
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    Re: Need Advice


    Now you are in a better position to file an RTI application. Make fresh application addressed to the "State Public Information Officer (no name),of the district office who replied you. You need not quote any of the past replies. Now you know exactly what are the missing informations and its references. Make an application accordingly remitting the prescribed fees and wait for 30 days from the dateof its receipt. I advice you to sent the application by speed post or may deliver by hand if the office is very close. Let us see the reply

  3. Re: Need Advice


    Many thanks colnrkurup ,
    I am bit confused with the advice.I have already filed an applicationwith the HOD of panchayat raj, who happens to be principal secretary.He has directed the district officials to provide with the info.Unfortunately I have not recived any further corresponce fron district officials.do you mean should I refile an application with the HOD?I would b grateeful if you could clarify the matter please.

  4. Re: Need Advice



    Quote Originally Posted by Prabhakar Reddy Palla View Post
    After a long gap,the district officials did send me the requested info, which was incomplete.
    Subsequently I complained to the HOD, Commissionerate of panchayat raj about the incomplete information. Again the commisinerate has directed the district officials to provide me with the info.Its been over a month now& I dont have any further correspondence.I have also asked the commisionarte to provide me with action taken report on erring officials.Is it appropriate ?
    Did you file an appeal to the First Appellate Authority over the incomplete information provided to you or did you merely send a complaint letter about the matter. Please clarify. If what you had sent is an appeal to the FAA, then a maximum of 45 days is permitted within which such an appeal is to be disposed of.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  5. Re: Need Advice


    Hi ganpat,

    Please excuse my ingnorance.I thought complaint/appeal were synonymus.In my subsequent letter to the HOD panchayat raj, after the inital application -my subject was " complaint about provision of incomplete information".I assumed it would be considered as 1st appeal.Is it not the case?

  6. #6
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    Col NR Kurup (Retd)
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    Re: Need Advice


    My sugestion will stand only if what you had sent earlier was not an RTI application/Appeal. In case what you had sent to the Principal Secretay was an RTI Appeal, I suggest you adhere to the above
    Last edited by colnrkurup; 19-10-07 at 04:15 PM.

  7. Re: Need Advice


    you have got incomplete information, then it is a fit case to directly go for second appeal with your Stat information commission

  8. #8
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    C J Karira
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    Re: Need Advice


    Prabhakar,

    The correct procedure under RTI is:

    1. First RTI Aplication
    2. If incomplete information, then Appeal under section 18(1)(e) to the
    First AA (normally a higher officer than the PIO)
    3. In case you are not satisfied with the reply to the First Appeal, then Second Appeal
    to the APSIC.

    Was the complaint you made to the HOD (the second time) a proper First Appeal ?
    Was the HOD the correct First Appelate Authority of the PA ?

    Unfortunately, the APSIC throws out cases on the flimsiest of grounds. So, if the answer to the above two questions is NO, then you are not likely to be successful with the APSIC.

    It seems from your post that 30 days are already over since you received the "incomplete" reply to your RTI Application. Therefore the time period for filing a first appeal is over.

    I would like to suggest the following:

    1. File a fresh RTI application with the HOD (the one to whom you complained) asking
    for
    - the day to day progress of your letter (the complaint letter)
    - which officer or staff member is responsible for delay in replying to you
    - what action will be taken under current rules and regulations against those
    officers/staff members.
    - By which date can you expect the correct and complete information under RTI
    Act from the district officials as per your request for information under RTI Act
    2005 made vide application Nr....dated.......
    (To the above RTI Application attach a copy of your first RTI application and a copy
    of the "incomplete" reply that you received from the PIO).

    2. Although this way you will need to spend some amount for the application fee and
    also wait for another 30 days....but it will solve twin purposes:
    - Get you the information that you are seeking
    - Work as a type of "First Appeal" although 30 days are over
    - Get the department to work fast since you are asking for "action" against the
    erring officials



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