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Thread: Application for Second Appeal

  1. Application for Second Appeal


    I have written the following application for the Second Appeal. Can anyone help me with it ?

    The Central Information Commissioner,
    Central Information Commission,
    <ST1:pNew Delhi</ST1:p – 110067.<O:p</O:p
    <O:p</O:p
    Sir,
    <O:p</O:p

    MOST URGENT<O:p</O:p

    <O:p</O:p
    Subject : Appeal to direct the Public Information Officer of University of D<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]https://www.rtiindia.org/forum/ /><st1:PlaceName>Club</st1:PlaceName> <st1:PlaceType>Building</st1:PlaceType>, Old JNU Campus,
    <font size=" /><st1:City>elhi</st1:City> to provide information required under Right to Information<FONT size=3><FONT class=inlineimg title="Stick Out Tongue" face=[/IMG]Act, smilieid="5" alt="" border="0" src="images/smilies/tongue.gif" 2005<O<img></O:p

    <FONT face="Times New Roman"><FONT size=3>As per the provisions of the RTI Act, 2005, I had applied for information (copy of application enclosed) to the Public Information Officer, <ST1:p<st1:PlaceType>University</st1:PlaceType> of <st1:PlaceName>Delhi </st1:PlaceName></ST1:pon 26.2.2007. I had deposited the RTI fee of Rs.10/- (Rupees Ten only) vide receipt no. 1356 dt. 26.2.2007 (copy of receipt enclosed).
    <FONT face="Times New Roman"><FONT size=3>But strangely, I did not receive any reply / information w.r.t. my application even after the time period of 30 days lapsed.
    <O:p</O:p
    <FONT face="Times New Roman"><FONT size=3>I appealed to the Appellate Authority, namely the Regsitrar, <ST1:p<st1:PlaceType>University</st1:PlaceType> of <st1:PlaceName>Delhi</st1:PlaceName></ST1:p on 7.4.2007 (copy of appeal enclosed) as required for the First Appeal to provide me the information under the rules of the RTI Act, 2005.
    <FONT face="Times New Roman"><FONT size=3>Even after a long wait, there has been no reply to my application or to the appeal.
    <O:p</O:p
    <FONT face="Times New Roman"><FONT size=3>Thus, I hereby appeal to your goodself to kindly direct the PIO of the <ST1:p<st1:PlaceType>University</st1:PlaceType> of <st1:PlaceName>Delhi</st1:PlaceName> to provide me the said information as it concerns the life & death of students studying in <ST1:p<st1:PlaceName>Delhi</st1:PlaceName> <st1:PlaceType>University</st1:PlaceType></ST1:p
    <O:p</O:p
    <FONT face="Times New Roman"><FONT size=3>Thanking you & hoping for an early reply,
    <O:p</O:p
    <FONT face="Times New Roman"><FONT size=3>Yours sincerely,
    <O:p</O:p
    <FONT face="Times New Roman"><FONT size=3>Sanjay Kumar



  2. Re: Application for Second Appeal


    1. You must write a subject: Complaint against PIO of the <st1><st1>Delhi university</st1><st1> u/s 20 of RTI Act for refusal to provide information.</st1></st1> (As not providing information is refusal to provide the information.)
    2. Enclose the original application along with the receipt of the fees and deposition of application receipt and mention in your main application.
    3. Mention the relief sought:
      1. Direct the PIO to provide the information
      2. Compensate for the losses of the finances you suffered for commuting to the CIC office.
    4. That I may be personally present while my complaint is being heard.
    5. Provide your mobile number and also the email address so that the CIC can correspond with you over email.
    6. As always write your complete address in the complaint.
    7. Make 5 copies of it before submitting it to CIC.
    <st1></st1>

  3. Re: Application for Second Appeal


    And do read the FAQ here:
    https://www.rtiindia.org/forum/faq.ph...faq_2nd_appeal

    Regards,

  4. #4
    Posts
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    Name:
    C J Karira
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    Re: Application for Second Appeal



    Sanjay1,

    I addition to what Kushal said, you neet to self attest the documents as well as give a index of the documents reffered in the appeal.

    Please see:

    https://www.cic.gov.in/CIC-Notifications/CIC%20Appeal%20Rules.pdf

    This will make all things clear.

  5. Re: Application for Second Appeal


    one point is not clear to me. For the second appeal should I give five copies of the second appeal or all the other copies i.e copy of application, copy of 1st appeal or if any reply received etc should also be sent 5 copies each ? Or only the 2nd appeal( 5 copies ) will be sent with one copy each of the enclosure ?
    Abhijeet

  6. #6
    Posts
    44,512
    Name:
    C J Karira
    Blog Entries
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    Rep Power
    553

    Re: Application for Second Appeal


    Abhijeet,

    There is confusion about this issue.
    The CIC has recently passed The CIC (Management) Regulation Rules.
    Please see: https://www.rtiindia.org/forum/site-f...ns-2007-a.html
    However, I read somewhere that the Rules have been kept in abeyance since there was a hue and cry from the public and even objections by one IC.
    Visit the CIC website (CIC) and you will get the present rules for second appeal very clearly.
    Follow those to the letter "t", to avoid disappointment.

  7. Re: Application for Second Appeal


    I came across a recent decision of CIC from which I am furnishing the following extracts:

    Because the 1st appellate authority has not addressed the questions of appellant, which are of direct concern to the office of his public authority and because appellant has pleaded no ground for making a direct complaint to us u/s 18, or apprehension of malafide on the part of the DoPT, the Commission has decided to remand this appeal to Director IIFM, 1st appellate authority who is directed to dispose of the appeal of Ms Banerjee within 10 working days from the date of receipt of this decision, under intimation to Shri PK Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with the information so provided appellant Ms Banerjee will be free to move a fresh 2nd appeal before us as per Sec 19 (3).
    [Decision in respect of Appeal No CIC/WB/A/2007/00131 dated 05.02.2007].

    Strangely in this case, the CIC has not called for the comments of the CPIO & AA to decide the matter, but has simply remanded it back to the AA because the appellant has not pleaded any complaint u/s 18. This suggests to all the appellants to invariably make a complaint on any one of the grounds listed u/s 18(1), while filing their appeals.
    Last edited by ganpat1956; 01-09-07 at 11:20 PM.

  8. Re: Application for Second Appeal


    Quote Originally Posted by karira View Post
    However, I read somewhere that the Rules have been kept in abeyance since there was a hue and cry from the public and even objections by one IC.
    No where has the CIC claimed that the new regulations have been kept under abeyance. The new management rules are already in force with effect from June 2007. Its only that some of the points raised by different citizens, concerning Fundamental Rights, like Col Kurup had informed us earlier, is being examined. The CIC has decided to invite comments and make suitable modifications after analysis.

    So one has to print five copies of the 2nd Appeal as described by kushal, Karira, Ganpat1956 etc. above. Send one copy each to the respondents i.e. the PIO & AA. If the name of the AA is not know, the copy should be mailed to the Head of Deptt. The proof of this should be obtained. Best is to send the copies to the PIO & AA under certificate of posting.

    Two copies have to be sent to the CIC along with the photocopy of the proof of having served this notice to the respondents. A photocopy of the UPC should serve the purpose. The 5th copy if for you as the applicant ;-)

    Ganpat1956 I believe that the CIC does not call for the comments of the CPIO & AA because your 2nd appeal has been drafted well. In this case, they simply call you and the respondents directly for the hearing. Of course, they also ask the respondents to come with all papers for the hearing. In some case, this is a positive approach by the CIC as the time for calling comments and filing rejoinder is time tasking.

    Best wishes

    Manoj

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