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  1. #9
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    C J Karira
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    Re: What if First Appelant doesnt accept your appeal ?


    nile,

    http://cic.gov.in/CIC-Orders/Decision_14062007_19.pdf

    However, because the responses to the RTI applications of Shri Shiva Kumar have been on time no penalty will lie. On the other hand because of the failure of the CPIO in providing the correct identity of the Appellate Authority to the appellant, appellant’s first appeal was misguided therefore justifying his claim for damages. Shri Shiva Kumar will, therefore, submit to us a statement of the damages that he may have suffered on account of delay in responding to his first appeal. These details may be submitted to us either in writing or by electronic means at fax No. 011-26106145 or e-mail – whabibullah@nic.in so as to reach us by 10th of July 2007, to enable us to take a decision in this matter.

    http://cic.gov.in/CIC-Orders/Decision_05122007_02.pdf

    It is also correct that in responses to those similar applications, regarding which appellant Shri Manoj Pai has complained of inadequacy during the hearing, the name of the Appellate Authority has not been given. That in itself cannot constitute a reason for avoiding a first appeal because under Section 7 sub-section 8 of the RTI Act 2005, the particulars of the First Appellate Authority are mandated to be given only where a request has been rejected under sub sec. 1. We do, however, feel that because an applicant may not necessarily be fully satisfied with the information provided initially, it is advisable for Public Information Officers always to give the name and address of the First Appellate Authority, should the applicant wish to avail of the first Appeal.

    http://cic.gov.in/CIC-Orders/Decision_28052007_24.pdf

    The CPIO has failed to mention the name of the Appellate Authority in his communication to the appellant. The CPIO should be careful about such omissions in future. In all his correspondence with applicants, name, designation and the address of the Appellate Authority shall be included.

    http://cic.gov.in/CIC-Orders/Decision_31102006_2.pdf

    Please read full decision. CPIO does not inform details of AA and applicant has problems submitting his First Appeal, First Appeal also not properly handled. Compensation awarded to applicant.

    http://cic.gov.in/CIC-Orders/Decision_31012008_30.pdf

    The CBDT is directed that they should issue instructions to officers, especially those in non-metro stations, to be careful about attending to RTI-requests and first-appeals from applicants / appellants. Their attention may be drawn to the provisions of the RTI Act about timely disposal of RTI-applications / first-appeals by the CPIO and the first Appellate Authority and also to the fact that any officer superior to the CPIO / APIO can, for the purpose of this Act, be construed to be the Appellate Authority (for first-appeals) in case the petitioner is not properly guided about where to file his first-appeal.


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    Twitter: @cjkarira

  2. #10
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    Re: What if First Appelant doesnt accept your appeal ?


    Quote Originally Posted by colnrkurup View Post
    What is the remarks endorsed by the Post office in your second letter addressed to the Superintendent, Survey & Land Records ? If it contain any remarks implying that the Superintendent, Survey and Land Records has refused your application, you can go ahead with a Complaint to the SIC.
    The un-opened envelope has the remarks in the marathi it states that Despatch section of the office refuse to accept the letter and the same will the accepted if brought personally.

  3. #11
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    Re: What if First Appelant doesnt accept your appeal ?


    Quote Originally Posted by karira View Post
    1. First, please check if the PA has designated a FAA
    Is his name/designation/contact details displayed and published somewhere ?
    1. Yes the P.A has designated a FAA and the Supdt. Land Record is FAA I has got the same from the website of PA.

    Quote Originally Posted by karira View Post
    2. Did the PIO inform you the details about the FAA in his reply to you ?
    2. No PIO did not inform me the details of FAA.

  4. #12
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    Col NR Kurup (Retd)
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    Re: What if First Appelant doesnt accept your appeal ?



    As for as the Appellant is concerned the remarks are as good as endorsed by "the addressee". To me it is befitting for a Complaint to Commission without any further delay. Hope you have made the complaint to Postal Authorities as suggested. There are innumerable options available to you as suggested. You may select the option best suitting you.

  5. #13
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    Re: What if First Appelant doesnt accept your appeal ?


    Quote Originally Posted by nile0611 View Post
    1. Yes the P.A has designated a FAA and the Supdt. Land Record is FAA I has got the same from the website of PA.

    2. No PIO did not inform me the details of FAA.
    Nile,

    Two choices:

    1. Either personally make First Appeal and highlight this refusal in the First Appeal.
    2. Direct complaint to SIC under Section 18.

    Alternative 2 can have possibilities of compensation. Alternative 1 will be faster to get you the information.
    Twitter: @cjkarira

  6. #14
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    Re: What if First Appelant doesnt accept your appeal ?


    Quote Originally Posted by nile0611 View Post
    The un-opened envelope has the remarks in the marathi it states that Despatch section of the office refuse to accept the letter and the same will the accepted if brought personally.
    Nile,

    Sorry, I just saw your above post.
    This makes it clear that the PA has refused to accept your First Appeal unless you go personally.
    There is no provision in the RTI Act for submitting a First Appeal "personally", in fact there is no mention anywhere of the mode of submission.

    I think better to go direct for Complaint to SIC under Section 18(1)(f).
    Twitter: @cjkarira

  7. #15
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    Re: What if First Appelant doesnt accept your appeal ?


    Thanks,
    I am now planning to complaint the same to the SIC under section 18(1)(f).
    Can I get any format or sample of the complaint as it will benefited to me as well as all the other members of forum.

  8. #16
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    Re: What if First Appelant doesnt accept your appeal ?


    nile,

    For Maharashtra you have to file the Second Appeal as per Form C.
    That is available in the attachment to this post:

    http://www.rtiindia.org/forum/2370-n....html#post8213
    Twitter: @cjkarira

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