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mithunmodani

Called for first appeal/Few queries on my RTI

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mithunmodani

I have raised RTI on 20/06/2017 but there was no repsonse till 4th aug.Tried to reach out to concern person on phone twice/thrice,he was not available.mailed him once,no respose recieved.So on 4th aug i have raised first appeal and after that concern person updated my RTI request with details as "The Information you are seeking is available with director, technical education as an implementing authority. So your request has been forwarded to DTE vide letter no. माअअ-2017/प्र.क्र.5/तांशि-1, Dated :04 August, 2017. Please contact DTE, Mumbai for further information." but i got mail that present for first appeal on 22nd aug 2017.

 

status of first appeal is showing as -COMMENTS SOUGHT FROM SPIO /एसपीआयओकडून टिप्पणी मागवली as on 07/08/2017

 

question1: Do i really need to be present personally for this hearing?

 

 

 

Question2: No response on this after 45days ,so I have raised appeal with below comment:-

I have tried him on his number for 2-3 times,he was not available and after that sent him an email..still no respond from his end.

 

 

share some input on this.

 

 

 

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Prasad GLN

Please forget about this calls and reminders business in RTI.

The Act prescribed certain time frame, which has to be implemented in letter and spirit by Public Authority.

In your case , I find the following violation.

1.The First PIO failed in his obligation to endorse that application to concerned second PIO within time frame of 5 days under intimation to applicant. Transferring RTI Application dt.20-6-2017, on 4th Aug,2017 is a serious violation. Now he is under obligation to collect that information himself from second PIO and provide it to you as per earlier CIC decision in such cases.

 

2. The presumption is that you have filed first appeal before first PIO FAA and as the application was already endorsed, it is a futile exercise. There is no clarity on hearing date. When there is nothing to be decided by FAA as the application was endorsed to second PIO, you have to wait for PIO response upto 5th Sept, 2017 and then decide on further appeal. If you happen to receive second PIO response, and not satisfied with the information provided, you can prefer First Appeal to the concerned FAA of second PIO, whose address must be informed to you by second PIO in his information.

 

Under these circumstances, you can file complaint against first PIO for endorsing it belated and there was inordinate delay.

I could not understand the following sentence as the date which you have informed is a future date:

u got mail that present for first appeal on 22nd aug 2017.

 

Applicant need not send any reminders or calls and may file first appeal in case of no response from PIO with following grounds.

 

Grounds for Appeal: PIO has neither provided information nor denied information to RTI Application dt.....within 30 days as prescribed under RTI Act, hence treating the information as "deemed denial" this first appeal.

PRAYER: Appellant prays for directions to PIO for providing the information free of cost as expeditiously as possible.

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mithunmodani
Please forget about this calls and reminders business in RTI.

The Act prescribed certain time frame, which has to be implemented in letter and spirit by Public Authority.

In your case , I find the following violation.

1.The First PIO failed in his obligation to endorse that application to concerned second PIO within time frame of 5 days under intimation to applicant. Transferring RTI Application dt.20-6-2017, on 4th Aug,2017 is a serious violation. Now he is under obligation to collect that information himself from second PIO and provide it to you as per earlier CIC decision in such cases.

 

2. The presumption is that you have filed first appeal before first PIO FAA and as the application was already endorsed, it is a futile exercise. There is no clarity on hearing date. When there is nothing to be decided by FAA as the application was endorsed to second PIO, you have to wait for PIO response upto 5th Sept, 2017 and then decide on further appeal. If you happen to receive second PIO response, and not satisfied with the information provided, you can prefer First Appeal to the concerned FAA of second PIO, whose address must be informed to you by second PIO in his information.

 

Under these circumstances, you can file complaint against first PIO for endorsing it belated and there was inordinate delay.

I could not understand the following sentence as the date which you have informed is a future date:

u got mail that present for first appeal on 22nd aug 2017.

 

Applicant need not send any reminders or calls and may file first appeal in case of no response from PIO with following grounds.

 

Grounds for Appeal: PIO has neither provided information nor denied information to RTI Application dt.....within 30 days as prescribed under RTI Act, hence treating the information as "deemed denial" this first appeal.

PRAYER: Appellant prays for directions to PIO for providing the information free of cost as expeditiously as possible.

 

Thanks a lot for information.

 

" but i got mail stated that "You are requested to come for hearing on date 22nd aug 2017 and time 3.30PM and location-Mantralaya Mumbai"-As I am staying in different city,Just want to know do i really need to be present there? what if I cannot make it? and when I raised first appeal then only authority move forward and send letter to concern dept.

 

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mithunmodani

request.jpg

 

- - - Updated - - -

 

appealstatus.jpghelp me to understand what these status means?

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Prasad GLN

Attending hearing is not mandatory, applicant can opt either attending or abstaining by posting a polite excuse with such written submissions.

In your case, you are expecting any information from first PIO and it is presumed that you have received such hearing notice from First FAA.

As he is nothing to do with your application, and when information can not be provided through his orders, I personally feel that attending hearing serves no purpose.

Write a polite letter excusing yourself from attending personal hearing due to personal earlier commitments and ask FAA to take decision on material facts appearing on record.

Write with bold and underlining with large fonts about the violation of first PIO in not endorsing the application to second PIO and for inordinate delay of more than one month, and seek directions to that first PIO, to obtain such information through second PIO and to provide that to applicant, as the delay was due to his negligence.

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CHITTABARIK

There is no provision of hearing by FAA. DON'T worry if you can't go there. FAA has to provide reply to you. He will send it by post or mail after hearing process.

 

Sent from my SM-G550FY using RTI INDIA mobile app

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Sunil Ahya

Attending a first appeal hearing proceedings is not mandatory for a RTI appellant, however on the other hand it is mandatory for a PIO to attend the same.

 

Nevertheless, it is important for a RTI appellant to inform the First Appellate Authority (FAA).

 

Kindly write a letter to the FAA and inform him as follows:

 

To,

The Hon'ble First Appellate Authority,

Address.

 

Dear Sir,

 

Subject: First Appeal hearing proceedings scheduled as on XXXXXX

 

Ref: Hearing Notice Dated: XXXXXXX

 

Thank you for providing a hearing opportunity as on Date: XXXXX

 

I would like to hereby inform you that, I would not be able to attend the hearing proceeding, and therefore kindly request you to decide the first appeal on the basis of merits of the case.

 

Enclosed herewith: First Appeal hearing notice Dated: XXXXXX.

 

Thanking you,

 

Yours truly,

 

Sd/-

 

XXXXXXX

(RTI Appellant).

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Prasad GLN

Sunil Saab,

Is the following really required, or should appellant enclose his submissions for hearing ?

Enclosed herewith: First Appeal hearing notice Dated: XXXXXX.

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Sunil Ahya

I believe that, the appellant has already made his written arguments (grounds) while making his first appeal, however if he has any further new submissions to make he is at the liberty to do so on this occasion,

 

But in any case, I always prefer to enclose the reference document on the basis of which the present correspondence is being made, especially given that in Maharashtra the Govt's correspondence is in Marathi language and as such the Govt's document as well as reference number is in Marathi language, so as to avoid any ambiguity on the subject.

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mithunmodani

Hi All,

Thanks for your guidance.My request and appeal is closed.

below is the screenshot of request.

Captureqqqqqq.jpg

 

In this case,I have to wait for 1 month i.e. till 4th sep and how to raise appeal if i don't receive response from them as my appeal and request both are closed.

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Prasad GLN

The correspondence with that dept came to end, and the struggle of getting information from DTE, Mumbai just began. Wait for 35 days for DTE response, and file first appeal to First Appellate authority, DTE, Mumbai in case of no response from PIO.

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