Guidelines for filing FIRST APPEAL for Central Govt. Information
1. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority [FAA].
If no reply is received within 30 days [35 days if application is lodged with ACPIO] from the date of receipt by CPIO [ACPIO], then first appeal has to be filed within 30 days from the date when reply was due from CPIO.
2. Find out name, designation and address of first appellate authority from the decision letter of CPIO. If no reply is received, visit the web-site of the govt. dept/office/undertaking and refer RTI icon for these details.
3. Despite above efforts, if you are not in a position to locate details of FAA, address your first appeal as under:
The First Appellate Authority under RTI Act 2005
C/O. Head of _______________Dept/office
and mention address of CPIO’s dept/office
4. No fee is prescribed for first appeal.
5. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature.
6. Retain one set of appeal and postal receipt and AD receipt.
7. You can deliver personally also, but mailing by regd. ad/speed post is preferable. Couriers should be avoided.
8. FAA has to decide within 30 days from the date of receipt of first appeal. You can file second appeal with Central Information Commission, New Delhi within 90 days from the date of receipt of decision of FAA or from date when it was due, if no reply is received.
9. Experience with FAA is not encouraging so far, as he belongs to the same dept/office of which information is sought. Usually FAA concurs with the CPIO. FAA is a senior officer in the office/dept of CPIO.
Thanks. Happy RTIing!
Jitendra P. Shah, Junagadh-Gujarat 09924106490