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Filing Second Appeal without First Appeal


amsindelhi

Question

I have not received any reply to my RTI Application for six weeks now from SPIO Gurugram Police. First Appeals in the past have simply been a waste of time and I want to file a Second Appeal directly without first filing first appeal.

What are the acceptable grounds for not filing first appeal which will be entertained by the SIC for allowing a second appeal directly. Any leads would be helpful.

The sought information pertains to police inaction on a criminal complaint in collusion with the accused mentioned in the complaint. 

I am also filing a complaint u/s 18 on the grounds of deemed refusal which does not require a prior first appeal and can be filed at any stage.

Thanks in advance for assistance.

 

 

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Prasad GLN

Without going for first appeal, Information commission will not accept registration of the second appeal and returns the same with such reason.

However you may file complaint under Sec.18 of RTI Act but you are not entitled for information.  One is not certain that IC orders for penalty etc. as deliberate and persistent delay with malafide intentions is very hard to establish.

Please make a first appeal, wait for 45 days and then go for second appeal.

Covid19 has given them opportunity of offering excuses for delay.   Focus on information.

It takes 2 years for getting opportunity of hearing.  Only if the information is really important go for it.  Some departments never care for RTI and Police is No.1 among them. 

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