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amit.yadhu

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amit.yadhu

Hi,

 

My question is that if any department does not reply to a RTI application within the stipulated time in RTI Act , whom we can approach and is there any kind of compensation available for this negate.

 

Regards

Amit Kumar

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MANOJ B. PATEL

Dear member, if you are not provided required information or any reply from PIO, you have to file First Appeal to the FAA. To grant compensation it is the discretionary power of SIC.

 

Normally, every Public Authority maintains a website, where they have to provide particulars of SPIO & FAA in an uploaded information. In case of doubt, First Appeal can be sent to SPIO with a covering letter requesting him to send the appeal to FAA under copy to Appellant.

Please send all appeals only by registered post and preserve postal receipts. Wait for 55 days from date of registering first appeal, and then file second appeal to Information Commission if FAA fails to give orders or if PIO fails to provide correct, complete and relevant information.

 

Moreover, kindly refer to following link for guidance in drafting First appeal.

 

http://www.rtiindia.org/forum/attachments/blogs/attachment2213d1238128598-first-appeal-state-govts-first-appeal-state-info-doc

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RAVEENA_O

The Public Information Officer is required to take a decision either to supply information or to deny information for any of the reasons under Section-8 or 9. Decision to supply information should be communicated to the applicant along with the details and calculation of further fee for supply of information. The information should be supplied within 30 days from the date of receipt of request by PIO. In case, the public authority fail to supply information within 30 days, the applicant is entitled to get the information free of charge.

 

In case the PIO do not communicate his decision on RTI Application or the decision of PIO is not satisfactory to the applicant, he can prefer first appeal (FA) before the First Appellate Authority under section 19(1) of RTI Act. FA should be filed within 30 days from the date of receipt of PIO's decision or within 60 days from the date of submission of RTI Application to PIO, in case there is no decision / reply from PIO.

 

Please file FA within 30 days by referring to :

 

HOW TO FILE FIRST APPEAL

 

FIRST APPEAL FOR NO REPLY

 

 

RTI Rules, Fee and Format of appeal (if any) shall be as per RTI Rules of the State concerned or Central RTI Rules, which can be viewed here: CENTRAL / STATE RTI RULES - GUIDE

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Prasad GLN

When PIO has not provided any information within 30 days from receipt of application, it is treated as deemed denial of information. Applicant has to wait for 40 days for either information or denial. (Postal Postal Transit time 5 days + 30 days time to PIO + 5 days from PIO to applicant

 

Appeal against deemed denial has to be made to an officer superior to PIO who has designation of First Appellate Authority, and depending on urgency/importance appellant may seek personal hearing .

Some states have formats and some do not have formats, and member has to search in website of concerned public authority as some states even prescribed appeal RTI fee also.

 

If neither PIO nor FAA responds, or if response given is not satisfactory, the second and final appeal has to be filed against PIO with State or Information commission.

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MANOJ B. PATEL

Moreover, if you file second appeal, you can mention/request in your second appeal to pay compensation and also during hearing of your second appeal before SIC.

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