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Procedure for first appellate


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Prasad GLN

First search in this forum RTI wiki/RTI guide where in the laid down process was stated in Sec.19 of RTI Act.

1.The issue of first appeal may be due to any one of the following reasons by Public Information Officer.

a.Not responding within prescribed 30 days period of either providing of information or denying information with such clause and justification for using such clause

b).The information provided by PIO is incomplete, incorrect, not relevant, misleading.

c)Information denied with stating inapplicable clause and misinterpretation of such section and complete absence of justification for denying the information under such Sec. 8 (1) of RTI Act.

There may be other reasons like charging extra copying fee, over charging etc.,

2.Then the applicant who has failed to get information within 30days + 10 days postal transit my file first appeal for "deemed denial " of information.

The appellant submits the grounds for appeal as to why he is not satisfied with the information and submit the first appeal with such reasons within 30 days from receipt of such response by PIO (including denial/rejection by improper clause)

The first Appeal has to be preferred to designated FIrst Appellate Authority employed by same public authority and is a superior of public information officer.

A simple format.

First Appeal dt...................under RTI Act

Before: First Appellate Authority,...........................................

Against: Public Information officer,..........................................

Appellant:.......................................

Either

Grounds for Appeal:  PIO has neither provided information nor denied information stating such section and sub section of 8 (1) with justification within 30 days as stipulated under RTI Act , hence this first appeal on "Deemed denial" of information. Copy of RTI Application pasted back on back of this page duly attested in Page No.2.

Prayer: Appellant prays for directions to SPIO for providing the information as expeditiously as possible free of cost.

or

Grounds for Appeal: PIO has not provided complete, correct and relevant information and the denial is not justified with such reasons.   As appellant is not satisfied this first appeal with prayers for personal hearing. (Appellant Option) (Discuss why the denial or information is not proper. )Copy of RTI Application pasted back on back of this page duly attested in Page No.2.

PRAYER:Appellant prays for a speaking orders after first appeal hearing and prays for information as expeditiously as possible free of cost.

 

Appellant.

This is just a brief and not detailed as grounds may differ from appellant to appellant.

 

Edited by Prasad GLN
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