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rajthak

Complaint procedure

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rajthak

I file RTI application in B department. PIO of B department doesn't reply to my application. I file first appeal claiming information hasn't provided by PIO hence provided free of cost and also disciplinary action should be taken against PIO. In the hearing FAA warn PIO that if information not provided with in 15 days action will be taken against PIO. But order was different. FAA only order that information should be provided in 15 days. But till 35 days have passed no information has been provided by PIO nor he contacted. Now can I file complaint directly to CIC or second appeal.

 

Sent from my Redmi Note 5 using RTI INDIA mobile app

 

 

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Prasad GLN

The appellant has right to get information only and it is the IC that is vested with such powers to recommend (repeat: can only recommend) for action against PIO for deliberate and malafide denial (which is again difficult to establish)

Now, forget about the proceeding against PIO by FAA and report to FAA that PIO has not provided information and thus resorted to insubordination of reasonable orders of superior which is PIO's statutory obligation.  Make a copy of this to PIO.  Request FAA to direct PIO once again under copy to the appellant.

Wait for another 20 days and then knock the doors of IC.  Definitely, IC has to take stringent action as he is reduced to a subordinate authority to direct implementing FAA's orders and ICs treat this as very serious.

Never use complaint process and it is useless if the information is the focus.  If you want information always file the second appeal under Sec.19. A complainant under sec.18 is not entitled to information as per Supreme court judgment.  It is also the court verdict that appellant is having rights to get information alone, and other actions against PIO is in between IC and PIO and it is IC's discretion.

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Sunil Ahya

Just file a second appeal under section 19(3).

The usual practice is to wait for 45 days from the date of filing the first appeal (please note: filing of first appeal and not hearing date). 

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rajthak

(please note: filing of first appeal and not hearing date). Sunil Ahya Sir above sentence could not get it. Request to Please explain again. Thanks in advance.

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Sunil Ahya

1. Date when a first appeal is filed before a First Appellate Authority,

2. Date when a first appeal hearing is conducted by a First Appellate Authority.

3. Date when a First Appellate Authority passes an Order / Decision.

 

1. One needs to wait for 45 days from the date of filing one's first appeal,

2. One does not need to wait for 45 days from the date on which a first appeal hearing is conducted,

3. One does not need to wait for 45 days from the date of FAA's Order / Decision.

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Prasad GLN

Also, remember the time that may take for getting the opportunity of second appeal hearing and consider as to whether such rushing things as per time frame gets second appeal and information within a year.  Always explore the maximum possibilities till FAA level, and only when all your attempts fail, then go for the second appeal as last resort, if the information is urgent and important.  Always focus on one point "How to get information as expeditiously as possible" ?  Except for information, do not divert to other ways of penalty or for PIO punishment etc, as these are mere time wasters if the information is a priority.

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rajthak

If it is intentionally done by PIO then also (Except for information, do not divert to other ways of penalty or for PIO punishment etc, as these are mere time wasters if the information is a priority.) i cant claim for penalty and haressment.

Sent from my Redmi Note 5 using RTI INDIA mobile app

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