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1) I had filed a RTI Application to Labor Department ,Govt of Sikkim, asking to furnish the Utilisation of CESS (In Sikkim Labor Dept. Collects the CESS). On reply the SPIO furnished that they have spent Rs. 50 lakhs to provide TVs to the Labors for their entertainment. 2) Upon getting the Reply ,i filed another RTI asking the SPIO to furnish the location and places where they have provided the TVs for labors. This time the SPIO furnished they have not provided any TVs to labors. 3) Since I got two replies related for same subject i.e. In one reply they said they have provided TVs to the labors. And in another reply they said they have not provided TVs to labors. Which I concluded the SPIO supplied contradictory information which in RTI act term could be said as MISLEADING INFORMATION. Taking the two reply, I filed complaint to CIC Sikkim explaining everything. The CICI said , I have go through First Appeal. I said ,this is not a case of appeal. The SPIO has furnished Misleading information, which is proved by comparing two RTI Application and FA has no jurisdiction to compare TWO RTI Replies. The CIC said I should read the RTI Act on which I said ,I know the Act ,and this is a fit case to take action against SPIO for providing misleading information. The CIC denied the plea and ordered me to go to FA. But I have no ground to go to FA. Please enlighten me here, I believe the SPIO is guilty of providing misleading information here. And FA has no power to punish SPIO. What should I do? Whether my contention was right? I hope the esteemed members will guide me here.
What If one fails to File a second appeal with in 90 days after receiving response from First Appellate Authority?
raghavendraprasad posted a topic in Discussions on RTIHi All, Aggrieved by the insufficient and incomplete information provided by the Public Information Officer, I had filed the First Appeal with the First Appellate Authority which was received in his office on 7th February 2011 and The FAA is suppose to reply and dispose off the appeal before 22nd March 2011 (45 days). BUt, He didn't responded to my appeal, neither disposed the same off. Though I can file a Second appeal / Complaint with the information commission, I didn't do it Rather I had sent a reminder (as advised in this RTI Forum) reminding the FAA about my appeal. I had received the response for the same in early June But surprisingly, He disposed off the appeal rejecting the sought information on the same grounds mentioned by Public Information Officer, Though I had clearly explained in the appeal as to How those things won't comply with my case and how the Public Information Officer had intentionally dodged the information. The FAA seemed to have not read the appeal at all but just denied the information on the same grounds. Its been more than 90 days after these events happened (Time after filing the First appeal + receiving no response + sending a reminder + responding to the reminder but no information provided).. It is almost 6 months after the same. Is there any chance I can file a Second appeal with the Information Commission Now? Its been more than 90 days. But I heard that There are cases where commissions condone the delay in filing the second appeal following inclusion of necessary and required prayers in the appeal. I request the forum members to help me out with this. If I can file the second appeal even now, What are the relevant prayers/grounds I can mention in the appeal as the reasons for delay? If I cant file it now, is there any other way to go? Thanks and Regards Raghavendra