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Whether it is mandatory for appellant file first appeal if not received reply from CPIO


sharma_pnb

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sharma_pnb

Hello,

I have filed RTI application to CPIO and received no reply even after 45 days should I file complaint direct to CIC passing the First Appellate Auth or it is mandatory to file a First appeal.

Kindly guide .

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MANOJ B. PATEL

Dear member, if you want information you have to file First Appeal and if not then you can complain aginst PIO to SIC/CIC praying to take action against him.

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RAVEENA_O

Please file First Appeal before the First Appellate Authority under section-19(1) of RTI Act. You must do this within 60 days from the date of submission of RTI request to PIO, being deemed refusal of information.

 

You can also file a separate Complaint under section-18(1) of the Act. It is better to do it after decision by FAA or 50 days after submission of FA before FAA, as suggested above.

 

It is now well settled principles of law that a complainant cannot seek the relief of supply of information, for which he has to file Second Appeal. For relief of supply of information by PIO, you must file First Appeal [ Sec 19(1)] and Second Appeal [sec-19(3)].

 

Please refer to:

[h=4]HOW TO DIFFERENTIATE A COMPLAINT UNDER SECTION-18(1) AND SECOND APPEAL UNDER SECTION-19(3)?[/h]

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