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    What do you do when first appeal order is not complied with?


    A central government department refused to provide to me a copy of a tender contract under clause 8 (d) of the RTI Act. When I went for the first appeal to the department's appellate authority, the order directed the concerned officer to either provide the information sought or else make a reasoned order stating why it cannot be provided under clause 8 (d) of the RTI Act.

    However, despite the appellate authority order, the department has reiterated its denial of the information without any reasoning at all, merely stating "the case has been reconsidered and the earlier decision is reiterated".

    What is my course of action now? Do I go back to the appellate authority of the department or is my only recourse a Second Appeal before the CIC? If so, is there any time limit within which I need to file the second appeal?

    thanks for any help.


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  2. #2
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    Dr. Pathak
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    Re: What do you do when first appeal order is not complied with?


    The appellate authority cannot write to provide the CPIO the reasoned order. He has to decide whether application justifies information to be given or not and direct accordingly.

    You must directly approach the 2nd Appellate authority, that is CIC or SCIC. Section 19 (3) states that :
    A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.

    You must read the following links:
    http://www.rtiindia.org/forum/faq.ph...faq_2nd_appeal

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    Re: What do you do when first appeal order is not complied with?


    Thanks very much!

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    Re: What do you do when first appeal order is not complied with?



    If you want to save time, it would be better u make a complaint under section 18 to the first appellate as it will save your time. U can also make complaint under section 18 to CIC.
    If you get the information from the first AA then also you can continue with the complaint with CIC and demand a penality so that this PIO does not refuse the information to other brothers/sisters.
    This is my practical experience that CIC will also give the orders to First AA for complying of his oder.
    Get information fastest.

    Anil Sood
    Last edited by Anil Sood; 09-01-08 at 03:18 PM.

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    Re: What do you do when first appeal order is not complied with?


    What is the proper procedure of demanding penalty . Recently I had received one reply wrt my application dt 24 th May,07, 222 days after submissin of application. Another instance where false, misleading information provided; after hearing of 1st appeal aonly one reply out of four was furnished and AA did not bother to go through the remaining queries. One point is to be mentioned here that this the normal pattern of furnishing 'information ' of the same PIO. And SIC is very much sympathetic to him. Secretary of SIC repeatedly 'requested' the concerned SPIO to furnish information as per RTI Act and within the time schedule-- but SPIO did not bother at all after receiving direction from SIC to provide his views/comments within afortnight/ at the earliest ( in Sept. 07) and till date no communication received either from SPIO or from SIC. This is the way the RTI activists are treated by them

  6. #6
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    C J Karira
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    Re: What do you do when first appeal order is not complied with?


    abhijeet,

    Only the CIC and SIC have powers to impose penalty on the PIO under Section 20.
    If you want penalty to be imposed, you have to specifically "pray" or make a "plea" for that in your Second Appeal / Complaint.
    There are several decisions of the CIC that I have seen, wherein the CIC did not impose penalty since they reasoned that the appellant has not asked for imposing of penalty.
    That leads me to conclude that at least the CIC thinks that imposing penalty is not automatic but has to be specifically asked for.

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    Re: What do you do when first appeal order is not complied with?


    If u had not ask for penality in your 2 appeal, u can still insist for the same while at hearing and whether it is cic or scic they will listen and include but the better way is to include and u can do the same in rejoinder also.

    In case part information is provided by pio at hearing u insist on your points and when the order is dictated u must ask for all pointas to be included

    anil sood

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