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Anthony Micheal

First appeal date limit

Question

Anthony Micheal

Hello sir,

 

I have filed RTI and waited for more than 3 months, And the public information officer not gives reply,

 

Is there any Date or period limit is there to file first appeal...?

 

 

 

Sent from my Redmi 4 using RTI INDIA mobile app

 

 

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Prasad GLN

Please go through Sec.19 wherein 30 days time frame for PIO to respond from date of receipt of RTI Application was prescribed and if applicant fails to receive response within 30 days from receipt of application by PIO, considering the postal transit time, withinmaximum 35 days from date of RTI application first appeal has to be filed.

There are 3 options available.

1.You can make a direct complaint under Sec.18  to IC, but IC can not direct PIO to provide information but he can only impose penalty and punishment if there is a malafide and deliberate deemed denial.  In  only 3% cases penalty was imposed on all India basis.  There is no time frame fixed and complaint can be filed within reasonable time.

This is most useless stipulation as per my knowledge.

2.You can file first appeal and in the appeal you may specifically request FAA to condone the delay as a special case as you were busy in other works and expecting a positive response from PIO without going for first appeal.  Only to give adequate time to PIO with positive intentions, there was unintentional delay.

Generally all FAAs oblige this.  If FAA delivers orders, then you can go for second appeal if not satisfied with FAA orders and continue the first appeal.

3.Third option is filing fresh application with free RTI Fees and writing in bold and underline sentence "RTI Application dt.....with fees was a deemed denial, and hence this fresh RTI Application with fresh fees.

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Sunil Ahya

RTI Act is a time bound Act and therefore as suggested at option no. 3 by respected Prasadji, the best way forward would be to file a fresh RTI application, and this time around file a first appeal within the time limits prescribed under the RTI Act.

You may like to learn about the relevant provisions of the RTI Act as follows:

Section 7(2) read with section 19(1):

As per section 7(2) of the RTI Act, if a PIO does not reply within 30 days of the receipt of the RTI application he is deemed to have refused your request and as per section 19(1) if a RTI applicant does not receive a response from PIO then he is supposed to file a first appeal within 30 days from the expiry of such period (i.e. 30 + 30 = 60 days from the date of receipt of your RTI application by the PIO). 

Please find section 7(2) and 19(1) reproduced below:

Quote

 

Section 7(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.

Section 19. (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

 

 

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