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Prabodh S

First Appellate Authority does not dispose my appeal

Question

Prabodh S

I had filed an RTI application in a police station in Kerala, to get certain documents in connection with a charge sheet filed against me and the court had summoned me for appearance. I applied under RTI Act with the concerned police station, to get copies of all the complaints that were filed against me by the complaintant etc. I had requested furnishing of information within 48 hours, citing proviso to Section 7(1) of the RTI Act, 2005. The PIO did not furnish the information even after 10 days.  Hence I preferred an appeal with the first appellate authority citing the grounds for seeking the information within 48 hours. The first appellate authority disposed the application, stating that the first appellate authority is not in possession of the records and informed that PIO has been instructed to give the documents at the earliest. After two days I received reply from the PIO, with records. The reply furnished by the PIO was found to be wrong/ not fully disclosed, and the copy of the General Diary entry was not furnished to me, regrading record of the action taken. Hence I moved in appeal against this order of the PIO. Now more than 30 days have elapsed, but the appellate authority has not disposed off my appeal.

Should I make a complaint as provided under Section 18 of the RTI Act before the State Information Commissioner or move in second appeal under Section 19(3) of the RTI Act before the State Information Commissioner?

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Sunil Ahya

As per the provision of section 19(1) every order of a PIO can be appealed before the FAA, in other words, there can be iterative first appeal or more than one first appeal with respect one single RTI, however, in practice most FAA's believe that one can make only one first appeal per RTI and therefore the FAA may not have dealt with your iterative (repeat) first appeal.

Therefore, the best way forward is to file a second appeal under section 19(3) with the concerned Information Commission. 

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Prasad GLN

I sincerely feel that going for complaint is not suitable for your purpose as your priority/urgency is only on information alone, and you can not get information by filing complaint under Sec.18.

You can take a chance by filing Addendum to First appeal stating that PIO has provided incorrect, and incomplete information and state those specific queries/documents not provided. (again under Life or Liberty clause)

Wait for another week and go for only second appeal without expecting any result.

You can also go for fresh RTI Application , seeking information in the form of inspection, and select those documents that are not provided to you earlier and mark them for providing certified copies.

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