Jump to content
  • 0
silverbullet

Based on mala-fide rejection of PIO - appealed to TNSIC - but no response !

Question

silverbullet

Hello People,

 

I have applied for patta transfer of my land several months back and since they made me run to and fro from one office to another,

 

I filed an RTI query to the PIO in the thashildar office, and he rejected my appilcation without proper grounds

 

So i quoted my initial application and the rejection letter from PIO and appealed to TNSIC

 

Its been more than 2 months, I have not got an acknowledgement from the office nor any other response till now !

 

How can i proceed from here ?

Share this post


Link to post
Share on other sites

8 answers to this question

Recommended Posts

  • 0
RAVEENA_O

Please file first appeal before the First Appellate Authority against the decision of PIO. It is necessary to exhaust the remedy of first appeal, before filing the Second Appeal before the SIC. Second Appeal filed without filing first appeal shall be remitted back to FAA for deciding the case.

 

SIC may take its own sweat time to decide your Second Appedal, say one year of more. Please file first appeal now. On receipt of FAA's decision, if required, you can send an addendum to the Second Appeal already submitted.

 

In addition, you can also file complaint under section-18.

Share this post


Link to post
Share on other sites
  • 0
MANOJ B. PATEL

Share this post


Link to post
Share on other sites
  • 0
silverbullet
Please file first appeal before the First Appellate Authority against the decision of PIO. It is necessary to exhaust the remedy of first appeal, before filing the Second Appeal before the SIC. Second Appeal filed without filing first appeal shall be remitted back to FAA for deciding the case.

 

SIC may take its own sweat time to decide your Second Appedal, say one year of more. Please file first appeal now. On receipt of FAA's decision, if required, you can send an addendum to the Second Appeal already submitted.

 

In addition, you can also file complaint under section-18.

 

Thanks for the reply,

 

I thought appealing to the TNSIC was the first level of appeal if the local PIO did not respond. A mistake indeed !

 

1. Where do i learn more about such different level of hierarchies and address for Tamilnadu ?

 

2. Now that i have already sent the appeal to the TNSIC, can i go ahead and apply to the First Appellate Authority ?

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

File fresh application as the first appeal has to be filed within 30 days from receipt of denial letter from PIO. As TN has a citizen charter seek information specifically as follows:

1)Please provide time frame fixed/prescribed for changing name in the patta as per Citizen charter.

2)Please inform specific reasons for inordinate delay in changing the name in Patta.

3.Please inform the name of the employee, designation and telephone number with whom the issue is pending with day to day office notes and present status.

4)Please inform the name of superior official with whom complaint can be filed for negligence and harassment of applicant by keeping the issue pending deliberately.

 

and also

 

File First appeal to FAA of PIO (may be Revenue Divisional Officera higher in rank, all offices must display the name and address of FAA in their offices under RTI Act or telephone and seek from PIO, if PIO has not mentioned about FAA address in his denial letter) requesting for condoning the delay in filing appeal and ask him to consider first appeal as special case. You may also mention that PIO has not provided FAA particulars though he is under obligation to provide further appeal procedure to applicant.

 

Please do both the things and report back after hearing from them.

Share this post


Link to post
Share on other sites
  • 0
RAVEENA_O

Even if the First Appeal is rejected for limitation ground, it would serve your purpose, since you only want to exhaust the remedy of first appeal, as you have already filed the Second appeal. In case the FAA order to supply information, it will be your luck. In that case, you need not pursue the Second Appeal already filed.

 

Remember, when the PIO denied information without any justified reason, the first appeal gives an opportunity to FAA to review the action of his own PIO. On the face of denial of information, if the FAA reject the FA on limitation, the appellant has nothing to lose, but on the other hand, before the SIC he can plead that he had exhausted the remedy of FA.

 

A properly drafted separate complaint u/s 18 after rejection of FA by FAA can also be filed before the SIC with a prayer to impose penalty on PIO.

Share this post


Link to post
Share on other sites
  • 0
koteswararaonerella

The RTI applicant need to follow the set line of action ,maning you need to file FA with faa AND LET HIM do what he can then if need be go to SIC and don't jump the queue and confuse yourself.

Share this post


Link to post
Share on other sites
  • 0
silverbullet
File fresh application as the first appeal has to be filed within 30 days from receipt of denial letter from PIO. As TN has a citizen charter seek information specifically as follows:

1)Please provide time frame fixed/prescribed for changing name in the patta as per Citizen charter.

2)Please inform specific reasons for inordinate delay in changing the name in Patta.

3.Please inform the name of the employee, designation and telephone number with whom the issue is pending with day to day office notes and present status.

4)Please inform the name of superior official with whom complaint can be filed for negligence and harassment of applicant by keeping the issue pending deliberately.

 

Filed a fresh application and have not got any response from the PIO from the Thashildar office since two months now. You have also suggested for the first appeal to FAA of PIO

 

Can you please elaborate on this. The questions that i have is the following

 

For the first appeal to FAA of PIO

 

1. Which address to file my appeal and How do i find the FAA of the PIO ?

2. How long can the FAA take to respond back or expedite this process ?

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

1.When PIO provides/denies information, he is under obligation to provide FAA address. IF not, appellant can search the PA's website. The last course must be sending first appeal in the name of FAA and asking PIO to kindly help applicant by sending it to concerned FAA.

2.The FAA was provided time for 30 days from receipt of application generally and for 45 days depending on the reasons stated by him. Appellant can add 5 days to and 5 days from FAA to file second appeal. That means if no reply is received from FAA even after 55 days from date of posting of that appeal, second appeal can be filed.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • Syed Khaja
      By Syed Khaja
      Dear Sir/Madam, I am Syed khaja from Osmanabad Maharashtra. this is the response of PIO. in this response he is saying that "the record has been frozen/destroyed." So what should I have to do? kindly please help me in this regards. 
    • Atul Patankar
      By Atul Patankar
      As reported by Jeeva at timesofindia.indiatimes.com on 18 September 2009
       
      CHENNAI: V Santhanam, a social worker from Chromepet, is upset with the Tamil Nadu State Information Commission (TNSIC). And with good reason -the Commission, which passes orders everyday directing various public authorities to reply to queries raised under the Right To Information (RTI) Act, has failed to respond to Santhanam's RTI application even though seven months have passed since he filed it.
       
      Santhanam had asked TNSIC to give him the number of appeals received and disposed of in the last three years, the number of public information officers penalised by it for refusing to provide information within the stipulated time of 30 days, their names and details and whether they paid the fine amount.
       
      As there was no reply for his application dated February 13, 2009, Santhanam chose to file a fresh application last month. This too evinced no reply.
       
      Santhanam is not the only applicant unhappy with TNSIC's silence.
       
      Source: RTI applicants sore over info commission?s silence - Chennai - City - NEWS - The Times of India

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy