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After FAA order no action


hemal8110

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hemal8110

I received FAA order in somewhat favor to us.As per order I must get information from PIO in 15 days from 19-1-2021 but till date no response from PIO.Can I file 2nd or wait ?

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Prasad GLN

There is confusion in the first sentence "Somewhat favour" to us.

Please post verbatim decision.

If PIO failed to obey FAA orders, write a registered letter to FAA under COPY to PIO stating that PIO with malafide intentions, deliberately not attending to statutory obligations by disobeying superior FAA orders.   Invariably state that IC will take serious action against PIO as IC role while hearing second appeal is reduced to subordinate function of implementing FAA orders . Wait for 15 days for response from FAA and PIO and then go for second appeal.

Even if one goes to second appeal it takes minimum 2 years, and one should explore all opportunities to get information as expeditiously as possible through FAA.

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hemal8110

Thanks for your reply."Some what means" Partial information given in particular subject which is not explain in FAA.Can we complain against PIO for not obey order of FAA before 2nd appeal?

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Prasad GLN

A complainant is not entitled for information.  The appellant focus should be on getting information alone, as action against PIO is not remedy to appellant, and only in rarest of the rare cases, IC may penalize.   Focus on information through FAA first.   Second appeal gets all remedies including information.  Please go through Sec.18 for complaints and Sec.19 for second appeals.  To go for complaints, you need not even go for first appeal, but after two years IC may certainly ask you why complainant has not utilized opportunity of First appeal instead of complaint when information is the focus.

At the cost of repetition appellant  must focus only on getting  information as early as possible.

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hemal8110

Thanks.As I am hanging  as First app.authority write to order that PIO should provide information with in 15 days to Applicant.I have only one week balance to get information from PIO.I think PIO do not want to give ( or obey FAA ) us information in timeline hence I have no other option.I have to apply second appeal to SIC and also PIO get more time to find information.

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Prasad GLN

Patience and perseverance are required to succeed in RTI issues, as some PIOs hell bent on not providing information for reasons better known to them.  While posting, you ought to have waited till the time given by FAA to PIO. One can only suggest and the consideration of the suggestion given is left to the members.

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