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sanjeevshyderabad

Appeal for non receipt of response under RTI Act

Question

sanjeevshyderabad

Hello Members,

 

I am from Hyderabad. I filed an application with RPF, Hyderabad on 06.07.10 for withdrawal of my PF amount. I made two enquires using their online portal for status for the status of their claim, they responsded saying that my claim was received on 12.07.10 & is under process. Second response was that normally it takes 30 days for the process.

 

After waiting for close to 1.5 months, I filed a RTI application on 19.08.10 using the document/link suggest on rtiindia.org & sent by speed post. The same was delivered on 20.08.10 as per Speed Post website. I recently submitted another query on status & response was that instrutions have been given to the concerned to attend the matter on merit. Per guidance on website, I will wait till 30.09.10 (30 days post receipt & 10 days for postal grace) to receive reply (& my money). However just in case it doesn't come, since today is 15.09.10 & there is no response whatsoever from PF office, I am also getting ready to file an appeal. Pl advise next course of action or suggest/direct me a RTI activist in Hyd whom I can consult.

 

Many Thanks for your time & help Sir!

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6 answers to this question

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karira

If you did not receive any information from the PIO, it can be considered as "deemed denial" of information.

You can file a first appeal based on the format available here:

 

http://www.rtiindia.org/forum/attachments/ask-rti-query/2057d1272605984-regarding-final-settlement-central-govt-employee-general-first-appeal-deemed-refusal-information.doc

 

Just use it after modifying it to suit your requirements.

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smbhappy

If you do not get information within prescribed time, apart from appeal file the complaint under Section 18(1) of the RTI Act 2005, which says:

 

Section 18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—

(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;

(b) who has been refused access to any information requested under this Act;

© who has not been given a response to a request for information or access to information within the time limit specified under this Act;

(d) who has been required to pay an amount of fee which he or she considers unreasonable;

(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and

(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.

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sanjeevshyderabad

Dear Esteemeed Members,

 

Unfortunately no response yet from PIO. I am surprised that PIOs are feeling comfortable of next steps & not responding to application. Nevertheless, looks like I have to file an appeal though PF first appellant authority is PF commissioner himself. I feel sorry for all of us whose hard earned money is "hijacked" by government & we are left to run pillar to post when we need it. So sorry state of affairs.

 

I'll keep the group posted on my journey.

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smbhappy

Go ahead. File Appeal and a complaint, with copy to PIO.

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Dr. M. Faiyazuddin

Keep proof of IPO and mailing receipts in addition to the original RTI application. You may need it at a later stage.

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