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Talib Hussain

First Appeal under RTI Act 2005 - First Time

Question

Talib Hussain

Hi everybody,

 

First of all, thanks everybody for giving me this platform to clear my doubts on RTI & its uses. Because of you people, I have filed my first RTI query to SBI.

 

But there is another problem. I have asked 7 questions in my first RTI Application. The CPIO replied with negatives to all the questions. Now, I have to file RTI Query to the First Appellate Authority. Kindly help me in the following issues, some of them very basic:

 

1) To file RTI Query, its not necessary to have it printed or written on white A4 paper. I can print or write it in green or pink A4 paper also. Right?

 

2) Can you give an example to file First Appeal?

 

3) The date on the RTI response is 28 Dec 2013. I have received it on 02 Jan 2014. So I have to file the RTI within 30 days starting from 02 Jan 2014. Right?

 

4) The First Appellate Authority is in Nariman Point, Mumbai & I am in Delhi. So, if I want to attend the hearing, can't it be done in Delhi?

 

5) There is no need for the IPO again in this case where I am filing for First Appeal. Right?

 

6) What is the AD receipt as stated in Point 9 here - How to write First Appeal under RTI? - Guide ?

 

7) If FAA gives a "spoken" order, how will I know? (This is stated in Point 12 here - How to write First Appeal under RTI? - Guide ) ?

 

Thanks & regards,

 

 

Talib Hussain

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Sunil Ahya

1) To file RTI Query, its not necessary to have it printed or written on white A4 paper. I can write it in green or pink A4 paper also. Right?

 

No, you can use any sheet of paper.

 

 

2) Can you give an example to file First Appeal?

 

Please refer to the following links:

 

 

 

 

 

 

3) The date on the RTI response is 28 Dec 2013. I have received it on 02 Jan 2014. So I have to file the RTI within 30 days starting from 02 Jan 2014. Right?

 

Within 30 days from the date of receipt of the PIO's response by you i.e. 30 days from 02-Jan, 2014.

 

 

4) The First Appellate Authority is in Nariman Point, Mumbai & I am in Delhi. So, if I want to attend the hearing, can't it be done in Delhi?

 

No, it would be done at the place where the FAA is situated, however you can try and make an explicit request in your first appeal, to the First Appellate Authority, requesting him to hear you by audio conferencing, please refer to the following link for more on that:

 

 

http://www.rtiindia.org/forum/6553-first-appeal-participation-through-audio-conferencing-2.html

 

 

 

5) There is no need for the IPO again in this case where I am filing for First Appeal. Right?

 

No, there are no fees for filing a first appeal with a Central Govt. Public Authority, therefore you do not need to enclose an IPO again.

 

6) What is the AD receipt as stated in Point 9 here - How to write First Appeal under RTI? - Guide

 

"AD receipt" means "Acknowledgment of Delivery Receipt".

 

I would suggest you file the first appeal by Speed Post, then track the delivery status of that first appeal on Indiapost website on internet, and when the status shows delivered - take a hard copy print out or save a soft copy in PDF format on your computer, and preserve the same as a proof of delivery of your first appeal.

 

7) If FAA gives a "spoken" order, how will I know? (This is stated in Point 12 here - How to write First Appeal under RTI? - Guide ) ?

 

You will receive a copy of that order by post. In case you do not receive any decision from the FAA within 50 / 55 days of the date of receipt of your first appeal by him (although this rarely happens), then it is considered as a deemed denial of your first appeal by the FAA, and you can proceed further to file a Second Appeal before the Information Commission.

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koteswararaonerella

Abhi has very rightly answered all the qurries of Talib Hussain regarding filing FIRST APPEAL WITH FAA.i wanted to add a litle more information.

1.Though you can file handscript appeal also yet BETTER TO GET YOUR APPEAL neatly typed which is advisable and not compulsory.This answers your other qurries of using which colour ink,A4 paper etc.,

2Always 30 days count from the date of RECEIPT ONLY.

3.Generally FAAs will not call for personal hearing and it is NOT MANDATORY WHILE FOR 2ND APPEAL WITH CIC IT IS MANDATORY

4.IPO is not required for First appeal as well 2nd appeal.

5.Sending by speed post will make it reach quickly than Regd.AD and there will be record with Postal dept and with receipt with you which is a proof of posting.

6.THERE IS NO FORMAT AS SUCH FOR RTI application or First appeal but there is a FORMAT FOR 2ND APPEAL

7.IN the appeal with FAA you have o justify that information provided by CPIO is either insufficient,wrong or incorrect with reference to the provisions of the ACT.

8.NEGATIVE REPLIERS are part of reply Ex.You ask whether this particular thing is right or wrong naturally the answer is either YES OR NO.

4.

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Prasad GLN

For your ready information try this.

 

First Appeal dt................before Appellate Authority.............................against

information filed by..................................................................(CPIO) filed by

Appellant:...............................................................(Name and address)

 

Brief Facts: RTI application was filed before CPIO on...........and vide his letterno........................CPIO has provided information. Copies of RTI Application and CPIO information duly attested are enclosed.

GROUNDS FOR APPEAL; Incomplete, incorrect and unsatisfactory information provided by CPIO.

Information sought by applicant..........Provided by PIO....Grounds for appeal..........................

1

2

to

7

........................................

 

Prayer: Please direct CPIO to provide relevant, proper, correct and completion as per RTI Application and discuss each point and deliver a speaking order.

Place

date................................Appellant.

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Talib Hussain

Thanks abhi987, koteswararaonerella & G.L.N. Prasad for your help.

 

Another Question - I can send the First Appeal through Registered Post also, right? In this case also I get a receipt. This receipt also means a proof of delivery (I am asking this because, I have sent my first RTI Query through Registered Post). Kindly help me in this issue.

 

 

Thanks & regards,

 

Talib Hussain

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Sunil Ahya

One may use either "Speed Post" or "Registered Post" mode for any RTI related correspondence, including first appeal.

I would suggest you use "Speed Post" mode, as follows:

 

> When you deposit the first appeal with the post office counter, you will get a small rectangle shaped receipt on which there is tracking number EM XXXXXXXXX IN,

 

> With the help of this tracking number, a couple of days later, track the delivery status of your first appeal on Indiapost website online,

 

> And when the tracking status shows "delivered", click on "details", and then take a hard copy print out of the "detailed track report" or save a soft copy of the same in PDF format on your computer,

 

> Preserve the "speed post receipt + detailed track report" as a proof of delivery of your first appeal.

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Prasad GLN

Do'not worry even if you use Registered Post, as you can also track the same as you do with the Speed post. It depends on convenience. Speed post is not available in large number of post offices and restricted to few post offices in cities. Coming to speed post, Local Speed post is much cheaper than Registered post, and minimum charges is higher weight is added advantage.

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Sunil Ahya

Just to add to what Shri Prasadji has said:

> Both 'Speed' & 'Registered' are valid mode of delivery for RTI related correspondence.

 

> Speed Post makes the use of fastest available mode of transport (e.g. air-planes) for postal delivery whereas Registered Post may use the normal mode of transport.

 

> Normally, Speed Post should take around 2 days for delivery, whereas Registered Post may take around 6 to 7 days for delivery.

 

> Speed Post facility is available only in select cities and towns in the country whereas Registered Post may be sent to even the remotest place and covers all the areas of the country.

 

 

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Talib Hussain

Thanks abhi987 & G.L.N. Prasad for your help.

 

So, I will send the application by Registered Post as Speed Post is costly. I will also save the slip for future reference.

 

Also, would you enlighten me on the points I have raised below:

 

I have referred http://www.rtiindia.org/guide/attachment.php?attachmentid=1&d=1209740808

 

1) What should I write in point 5, 7, 8, 9, 10, 11? (as this is my first time)

 

2) Should all things ,i.e., photocopies of original RTI application with its enclosures, postal proof

of mailing, acknowledgement of CPIO, decision letter of CPIO. in point 13 be also sent?

 

3) The last line - "P.S. Please refer office memorandum dated 09-07-2007 issued by DoPT, Govt. of India." be also there in this First Appeal?

 

 

Thanks & Regards,

 

Talib Hussain

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Prasad GLN

The usual formalities for first appeal should commence from date of filing application. The first step is pasting the proof of RTI fee and service proof (postal receipt) and getting a xerox with all of them in tact. Normally, tactics of some PIOs include non receipt of enclosures,I suggest for preparing Appeal just confines to one page in the front side and the back of the page should consist the above copy of RTI Application with RTI fee (counterfoil of IPO/Court stamp) and service proof. Immediately after first appeal is filed, paste the service proof on copy of first appeal. That means at the time of making second appeal, you need to enclose one paper (Front side RTI application copy and second side Appeal copy with above formalities). This saves costs and also avoids denial stating that enclosures are not received and one can avoid misplacing.

While writing Grounds for appeal before FAA, simple explanation as to why applicant is not satisfied point wise is enough. In the Prayer part, a simple sentence "Please direct PIO to provide information as expeditiously as possible (Free of cost of certified copies if the delay is more than 30 days of receipt and praying for specifically recording reasons for delay can also be made). Let first appeal be simple and comprehensive.

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Sunil Ahya

> Point 5, 7, 8, 9, 10, 11:

 

5. Details of information sought
:
Not Required - you may omit this from your first appeal
.

 

7. Brief facts of the case:
Not Required - you may omit this from your first appeal
.

 

8. Reasons/grounds for this appeal:

State the reasons / ground of your first appeal, for example:

 

1. The PIO has not provided the requested information.

 

2. The information provided by the PIO is at variance with the information requested vide the said RTI Application.

 

3. Similarly .....

 

9 Any other information in support of appeal:
Not Required - you may omit this from your first appeal
.

 

10. Prayer/relief sought for:

For Example:

 

1. Kindly direct the PIO to provide the requested information in-keeping with the provisions of section 7(1) read along with section 7(6) of the RTI Act.

 

2. Kindly direct the PIO to justify the denial of information in-accordance with the provision of section 19(5) of the RTI Act.

 

3. Similarly .....

 

11. Grounds for prayer/relief sought for:
Not Required - you may omit this from your first appeal
.

 

 

> You need to enclose the following with your first appeal:

Enclosures (Photocopy of):

(a) RTI Application.

(b) Postal proof of delivery of RTI Application.

© PIO's Response (if any).

 

 

> No, you do not need to enclose a photocopy of any memorandum, unless you have referred to it somewhere in your first appeal

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Talib Hussain

Thanks abhi987 & G.L.N. Prasad for your help.

 

I never thought of filing of first appeal soon after filing my RTI application as this was my first time and I didn't know that they would be giving unsatisfactory answers. I was expecting positive results from my RTI Query. If that would have been the case I wouldn't be writing this question now in this forum. Anyways this situation would have come later and I would be facing same difficulties.

 

Also, I have taken new printout of my RTI application to send it with my first appeal. The original RTI Query which was sent to CPIO was of three pages and I took printout in white A4 page. I am taking another printout of RTI Query in pink coloured A4 size pages to send it to the First Appellate Authority. No changes in the text. Is this right? Won't the First Appellate Authority Object that the previous RTI query was of two pages and in white A4 sized page?

 

 

Thanks & Regards,

 

Talib Hussain

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Sunil Ahya

> Colour of pages has absolutely no relevance to either your RTI Application or First Appeal !

You may take a print out on a page of any colour (black, green, blue, pink there is neither any preference nor any restriction on which colour of page one should use), the only thing that's important, is that the print out should be legible, that is to say, it should be readable by the authority (either PIO or FAA).

 

But having said that it would be better if you take a print out of ALL your RTI correspondence on A4 size white papers.

 

 

> When appealing before a First Appellate Authority, he needs to be provided with a copy of RTI Application, so that he can instantly refer to it while going through your first appeal, that is all there is to enclosing a copy of RTI Application along with the first appeal.

So, simply enclose a photocopy of your original RTI Application, along with your first appeal.

 

You are free to take a front & back print out, if you wish to reduce the number of pages.

 

Again the underlying principle is that everything that you provide to an authority should be legible and readable.

 

And Colour or Number of pages are irrelevant.

 

 

> Just keep in mind that you need to file your first appeal within 30 days of having received a response from the PIO.

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Talib Hussain

Thanks abhi987.

 

I have mailed my first appeal today by registered post. I have kept the slip properly stored.

 

 

Thanks & regards,

 

Talib Hussain

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Sunil Ahya
I have mailed my first appeal today by registered post. I have kept the slip properly stored.

 

Best Wishes!

 

Now after a couple of days, kindly keep tracking the delivery status of your first appeal on Indiapost website on the following link: India Post | Home (the second bottom box on the right hand side).

 

And when the status shows delivered, click on details, and then take a print out of the 'detailed track report', and preserve it as a 'proof of delivery' of your first appeal.

 

By the way, what was the cost of mailing the 'Registered Post' ?

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Prasad GLN

For First Appeal maximum cost for Regd., Post Rs.22/- (Each Regd. post of minimum charge can carry 3 A 4 size papers..For First Appeal..one A4 size can be used..One side First Appeal..second side RTI Application self attested copy with service proof)

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Talib Hussain

Thanks abhi987.

 

Yes, I will save the 'Proof of Delivery' of first appeal. I tried tracking my RTI Application's status. It showed nothing. I will be careful now.

 

G.L.N. Prasad said it right. Registered Post cost me ₹ 22. I bought ₹ 5 envelop and gave another ₹ 17 to the officer in the Post Office. Mailed it from Sector 55, NOIDA to Nariman Point, Mumbai. Speed Post was costing ₹ 40 (more costly than registered post).

 

I had three A4 pages mailed in my First Appeal.

Page 1 - Front side - Front Side - Xerox of RTI Response of CPIO

Page 1 - Back side - Xerox of slip of Registered Post

Page 2 - Front & back side - Printout of RTI Application

Page 3 - Front & back side - Printout of First Appeal

 

The officer in Post Office was not knowing how many pages were there in the envelop.

 

Couple of more doubts:

 

1) I have the small slip of Registered Post of RTI Application. I didn't save the 'Proof of Delivery'. View on this.

 

2) Why having 'Proof of Delivery' saved is necessary (only) in case of First Appeal?

 

 

Thanks & regards,

 

Talib Hussain

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Sunil Ahya

1) I have the small slip of Registered Post of RTI Application. I didn't save the 'Proof of Delivery'. View on this.

 

2) Why having 'Proof of Delivery' saved is necessary (only) in case of First Appeal?

 

> Proof of Delivery needs to be preserved for every single correspondence carried out under the RTI Act, for the simple reason that at some stage or the other you may need to prove that you have indeed carried out the correspondence (which in this instance happens to be your first appeal).

 

> The small slip that the post office counter has provided you, bears a number RM XXXXXXXX IN, and with the help of this number you can track the delivery of your correspondence on the Indiapost website on the following link: India Post | Home

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Talib Hussain

Thanks abhi987. Got it. I will be posting another question/thread whenever any difficulty arises. Thanks a lot everyone.

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