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fournineeightakadushman

Routine non disposal of first appeals by dcp-east.

Question

fournineeightakadushman

Hi friends,

 

My second appeals were not disposed of by DCP east for 3-4 months. I searched for some CIC 2013 decisions where CIC remanded back appeals to FAA because FAA had not passed any orders. Here are some:

 

1. CIC/SS/A/2012/002245 dated 16.01.2013

2. CIC/SS/A/2012/002856 dated 03.05.2013

3. CIC/SS/A/2012/003263 dated 18.02.2013

4. CIC/SS/A/2012/003641 dated 15.01.2013

5. CIC/SS/A/2012/000118 dated 26.03.2013

6. CIC/SS/A/2013/000738/VS/05839 dated 15.01.2014

7. CIC/SS/A/2012/001041 dated 11.09.2013

8. CIC/SS/A/2013/001281 dated 19.09.2013

9. CIC/SS/A/2013/002842/VS/05832 dated 19.09.2013

10. CIC/SS/C/2013/900013 dated 23.04.2013

 

I am sure, DCP-east has not been disposing second appeal wilfully. There must have been many more applicants who must have given up and did not even consider filing second appeal knowing the information would be of no use if got after one year. What can we do to stop such behavior? For my appeal, I will go to CIC, but CIC does not take notice of such irregularities.

 

I am thinking of filing an RTI to get list of all first appeals which were not disposed off within 30 days. Please help me frame questions.

 

  1. Please furnish the list of all the first appeals received by the office of DCP-east since Jan 01, 2012 in tabular form with following information for each appeal.
    • Title.
    • Date of receipt.
    • Date of Order
    • Reason for not disposing within 30 days (if not disposed within 30 days as is mandatory per RTI ACT)
    • Whether disposed within 45 days or not.

[*]On which dates were the first appeals disposed for the appeals remanded back by CIC. (with the list as produced above)

 

1. How to make sure that correct information is given by police for above queries.

2. Can third person also complain to CIC about non-disposal of first appeals, of other persons, in time with data received from above RTI application?3. Can a complaint be made to public authority about not doing the duty as per service rule? Do they take such complaints seriously?

4. Will it help if may activists file RTI-application/complaints for above information? May serve as example?

5. Any other remedy? thoughts?

6. Icing on cake would be if I have to go for first appeal for this RTI, and even that appeal is not disposed by DCP-east:).

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G.R.Vidyaranya
Hi friends,

 

My second appeals were not disposed of by DCP east for 3-4 months.

 

I am sure, DCP-east has not been disposing second appeal wilfully.

 

You seem to having some confusion about First and Second Appeals. DCP will hear only First Appeals if he is the designated First Appellate Authority and only the SIC will hear second appeals.

 

You can make a RTI to DCPs office asking for detailed list of all 1st Appeals filed / heard/ disposed in DCP (East) office but what will you do with the information even if you get it?

 

You can send a memorandum/complain to higher authorities (Commissioner's office) with all details and then file a RTI with "Anything pending with Govt."

 

Any person can complain to CIC about non compliance of RTI procedures even if he/she has not filed an RTI.

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Sunil Ahya

> Police is a State Government subject, and therefore:

Only if you based in Delhi then Central Information Commission (CIC) will be applicable
for filing a second appeal on the subject of Police
, else if you are based in any other State then the respective State Information Commission (SIC) will be applicable for filing a second appeal.

 

 

> Also, please refer to the following links:

 

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fournineeightakadushman

Sorry, I meant that DCP-East delhi is not disposing first appeals routinely.

 

All the decisions of CIC mentioned in my first post are those which were remanded back to DCP-east-delhi as he did not pass any order in first appeal.

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