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Unsatisfactory reply from Second Appeal


jhaamit

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jhaamit

Hi Team,

 

I have filed for second appeal. The response is

Quote

 

Subject: - Return of duplicate Second Appeal/Complaint along with all documents.
Madam/Sir,
        Reference your Second Appeal/Complaint dated 16-03-2020 received on 16-03-2020 vide above Diary Number.


        On scrutiny of the second appeal/complaint, it is seen that the RTI filed in this case is the same as RTI filed by you in case no. CIC/EPFOG/A/2020/________, which has already been registered by the Commission. Your above mentioned second appeal/complaint is therefore returned.

 

I am not satisfied with the response. What steps should I take to get my query answered?

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Sunil Ahya

The Commission has stated that you have already filed a Second Appeal based on an identical RTI.

Your steps and response would depend upon what do you have say as a counter to the Commission's observation.

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Prasad GLN

Please search in CIC website for the process of filing second appeal. Providing a general format.

 

Before

Central Information Commission, New Delhi.

Public Authority:

CPIO

FAA

Appellant:

(Full address)

Second appeal dt...........under Sec.19 of RTI Act.

Index (Self attested copies with service proof enclosed)

Date of RTI Application.................in Page No.

PIO response Dt...........................in Page No.

First Appeal Dt..............................in Page No.

FAA orders Dt..............................  in Page No

Second appeal dt....................service proof to CPIO dt......

 

Brief facts: Appellant has on ............submitted RTI Application and there is no response from CPIO.  First appeal was filed on grounds of deemed denial and copy enclosed with Service proof of postal receipt.  As there is no response from FAA, this second appeal.

Grounds for appeal:  Deemed denial of information.

PRAYER: Please direct CPIO to provide the information as expeditiously as possible free of cost.

Verification: The above information is correct  true to the best of my knowledge.

 

Appellant.

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Sunil Ahya

Can you upload, RTI, PIO"s Reply, First Appeal, FAA's Reply, Second Appeal & Commission's Reply, so that the helpful members of the forum can understand the difficulty

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Prasad GLN

There was no CIC decision yet.   Second Appeal was registered once and the second time as issue is one and the same, the second appeal was rejected.  This issue was posted and correctly interpreted by our moderator above.

Unless the second appeal orders are received one can not approach to HC.  The chances of getting such information is bleak as the information is on financial affairs of spouse which amounts to personal information and the earlier rulings are that it should be secured from the process of court itself.

Edited by Prasad GLN
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jhaamit

I have filed one RTI and didn't get any response.

So, the same text was used in First appeal and still didn't get any response.

And the same text was used as second appeal.

Was I doing something wrong? Should the text be changed while filing second appeal?

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Sorry Sir, I didn't understand you. I have registered for Second Appeal only once.

And as mentioned in Second Appeal, CIC had ruled many times that spouse salary can be obtained.

Edited by jhaamit
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Prasad GLN

The CIC reply and your early correspondence is as follows:

Second appeal reply To: __________ Subject: - Return of duplicate Second Appeal/Complaint along with all documents. Madam/Sir, Reference your Second Appeal/Complaint dated 16-03-2020 received on 16-03-2020 vide above Diary Number. On scrutiny of the second appeal/complaint, it is seen that the RTI filed in this case is the same as RTI filed by you in case no. __________, which has already been registered by the Commission. Your above mentioned second appeal//complaint is therefore returned.

for which our Moderator has guided in Apr,20 (above post)  as follows:The Commission has stated that you have already filed a Second Appeal based on an identical RTI.

Your steps and response would depend upon what do you have say as a counter to the Commission's observation."

Once again you have posted the same and with some other comments and you have opened several threads even when the position was explained to you six months back and still you are hanging to stale CIC decision not relevant to your specific case.

Spouse information.

If the wife and husband are living together there is no role of RTI in knowing such income details of wife as husband can seek such information from wife.  Here wife and husband are not separate.

But when relations are strained and court cases are going on, wife becomes a Third party.

We always abide by HC/SC decisions if the earlier CIC decisions are overruled.

Perhaps you may be referring to one CIC decision of Hon'ble IC SA, where due to specific difficulties of deserted wife. she  wanted details of her husband's income as she has no where to go .  That was treated as larger public interest in view of the peculiar circumstances in which wife was placed.   The position was explained to you in Feb,20 wherein you have reported that the matter relates to your friend.

Your case is different as you are asking your wife's PF, and you are not in that 'destitute' position as you have paid more than Rs.62,000/- as IT in March 20.  CIC decision was over ruled in Delhi HC judgment, and HC has ruled that such details are to be processed through  on going court process. Kindly go through Delhi HC judgment as it must be available in our forum.

As you are already contemplating to go to writ, you may try your luck for a landmark judgment and you can afford it and you are also confident of your stand ( "I paid > 60,000 as income tax for the month of March 2020)

Edited by Prasad GLN
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