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Thread: What if First Appelant doesnt accept your appeal ?

  1. What if First Appelant doesnt accept your appeal ?


    I had sent my first appeal by Speed Post A.D to city land record and survey, on the envolpe I addressed to First Appeal Authority, Land And Survey Records, District collector, Old Custom House, but the same was returned back unopened along with A.D card. On my enquiry to post office I was informed that no such post or person exists

    I then again sent same application to First Appeal Authority C/o Superintendent, Land and Survey Records, District collector, Old Custom House . But the same was returned. On my enquiry to post office I was informed that they will accept only hand delivery.<O

    It seems the collector office is taking The RTI on ride, and that F.A.A wants me to personally approach him, I think he want to threaten me or discourage me.

    I want valuable suggestion from all esteemed members .

    What should be my next step?



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


    U can send envelope to SCIC with a complaint.
    It takes each of us to make difference for all of us.

  3. #3
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    Col NR Kurup (Retd)
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    Re: What if First Appelant doesnt accept your appeal ?


    It is litle difficult to give an ideal solution. I can state as to what I would have done in similar situation. - " Make a First Apopeal addrssed to Superintendent of Survey and Land Records & Appellate Authority under RTI Act inside. Fold it in such a way that it may not be easy to read it without fully opening it. Do not use any envelope. Write the address on the outside of the appeal as Superintendent, Survey and Land Records (Do not mention the word Appellate Authority in the address written outside). Of coursae you have to give the From Address. Sent it by Registered post. I don't think it will give him any chance to refuse to accept it.
    Kindly give us thefeed back.

  4. Re: What if First Appelant doesnt accept your appeal ?



    Frankly speaking when am i am sending Appeal, I have to spend 45 rupees i.e, 20 for RTI fees being of Maharashtra state and Rs. 25 for postage. I have already spend nearly 100 Rs just to send First appeal.
    If I'll send again one more appeal it will agains cost me 45 Rupees more and that to we don't have gaurantee whether the same will be accepted of returned back.

    Now can I directly approach second appelleta authority and mention in my appeal that the F.A.A has refuse to accept my appeal. As I am having proof of un-opened envelope refused by F.A.A

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


    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. Simultaneously float a Complaint to the Post Master of the Post office where you registered the letter that the particular letter addressed to the Superintendent of Survey and Land Records has been returned by the Post Office undelivered to the addressee despite existance of such an office in the address correctly given. You should also mention in the complaint to the Post Master that non-delivery of the above letter to the addressee has caused you injury.The Post Master is likely to defend himself and likely to provide you useful reply.

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


    Technically speaking there may not be any post as 'First Appeal Authority".
    Since the letter was addressed to 'first appeal authority' they will escape saying that there is no such post. Actually there will be some officer designated to function as the first appeal authority. So the appeal has to be addressed to that person only by designation.There need not be any mention about the appeal on the outside of the envelope. An inland letter sent by registered post will serve the purpose, I think.

    Latelearner

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


    So long as it can be proved that the appeal addressed to the Superintendent of Survey and Land Records is delivered to the Superintendent of Survey and Land Records and inside the letter it is addressed to the Appellate Authority stating that it is the First Appeal under RTI Act,the legal requirement will be fulfilled. Inland letter by Regd Post is ideal. But it has no provision to enclose the copy of the initial request application. That is why I was suggesting to fold the application in a way similar to inland letter.

  8. #8
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    C J Karira
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    Re: What if First Appelant doesnt accept your appeal ?


    nile,

    1. First, please check if the PA has designated a FAA
    Is his name/designation/contact details displayed and published somewhere ?

    2. Did the PIO inform you the details about the FAA in his reply to you ?

    If the answer to the above is NO, then:

    1. You can submit your First Appeal to ANY officer in the PA, "higher in rank" than the PIO.
    2. ALTERNATIVELY, you can also submit your First Appeal to the head of the Public Authority

    This is because the RTI Act is silent on the "designation" or "appointment" of a AA (although it talks clearly about designation of PIO)

    There are several decisions of the CIC where solutions nr. 1 and 2 above have been given by CIC itself. I have them on my other machine and in case you want, I can give the reference here.

    Re the costs that you incurred and the hassles you had to go through, you can ask for "compensation" at the Second Appeal stage (if you go till that stage). Please keep all receipts carefully with you.
    Twitter: @cjkarira

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