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Thread: Second Appeal - what next

  1. Second Appeal - what next


    Hon. Experts,
    I have a query:
    (1) I submitted an RTI application to PIO of the Municipal Office at Patan (North Gujarat).
    (2) When no reply was received for more than 30 days, I filled an RTI appeal with the First Appellate Authority of the same department.
    (3) When no reply was received for more than 45 days, I preferred a second appeal to the SIC of Gujarat state at Gandhinagar.
    (4) The Law Officer of SIC wrote to me that the first appeal should have been submitted to the Prant Officer's Office, and not to the Municipal Office, hence my second appeal is not recorded. I explained to him that, since no reply was received for the RTI Application I have filed first appeal with the First Appellate Authority of the same department and as per the RTI Act, the first appeal can be submitted to the higher authority in the same department.
    As my second appeal is not recorded I seek your advice.
    Thank you all in advance.
    Senior Citizen

    Sent from my HM NOTE 1S using RTI INDIA mobile app



  2. Re: Second Appeal - what next


    Who ever received the first appeal, he might have redirected it to concerned FAA. SIC can not keep the second appeal with them and they may return the same to you in due course.
    Immediately file RTI Application to the FAA as stated by them after cross checking website of Municipality and seek information on first appeal received by them. If they provide information that it was redirected to concerned FAA, then you can demand for considering the second appeal on the basis of the information.
    Also inform SIC, Law officer to treat your present second appeal pending with them as complaint under Sec.18. and register the same .
    After receiving the confirmation from the FAA to whom you have sent, you can ask the SIC to treat this as Second appeal.
    Also file First Appeal to the FAA as stated by SIC seeking for condonation of delay, as first appeal was filed to............as appellant is not aware of correct FAA, in absence of PIO response.
    Take step by step action and always focus to retain the present second appeal with them, as returning and resubmitting takes time.

  3. #3

    Re: Second Appeal - what next


    I would like to help. I have sent a personal message to the member.

    Sent from my GT-N7100 using RTI INDIA mobile app

  4. Re: Second Appeal - what next



    Don't you think that many is better than one, and your such guidance may help members in future also ?

  5. #5

    Re: Second Appeal - what next


    Yes. I agree with Prasad Sir. I have actually asked the member to send all the papers to me on my personal email. Once i study it i will certainly share my views on this forum.

    Sent from my GT-N7100 using RTI INDIA mobile app

  6. Re: Second Appeal - what next


    Do keep the forum posted with the developments, best wishes
    "If you think in terms of a year, plant a seed; if in terms of ten years, plant trees; if in terms of 100 years, teach the people." -- Confucius

  7. Re: Second Appeal - what next


    Quote Originally Posted by V C Vinod View Post
    I would like to help. I have sent a personal message to the member.

    Sent from my GT-N7100 using RTI INDIA mobile app
    Sir,

    I have already sent the scanned copies of my second appeal, I believe you have received it.

    I shall thank you for your response.

    Senior Citizen

    Sent from my HM NOTE 1S using RTI INDIA mobile app

  8. Re: Second Appeal - what next


    In the meantime, file a fresh RTI Application with the same PIO and seek information, if required by modifying the query to pinpoint specific documents or to cover uptodate information and further culminate it into FA and SA.

    In the event you do not succeed in registering the SA with GIC, you may file a Complaint under Section-18(1)(b) and (c) of RTI Act, with a prayer to impose penalty on PIO. In complaint proceedings, you will not get relief to supply information from SIC.
    Satyameva Jayate सत्यमेव जयते

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