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Format for filling 2nd Appeal before the Commission


vijay_13
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Please enlighten us on below point.

1) Is their any particular format to be followed for 2nd appeal drafting.

2) What are the essential thing to be taken care while filling 2nd appeal

3) what are the chance of rejection of filling 2nd appeal 

4) What's the difference between 2nd appeal and Complaint

5) Do we have to do the self attested on Application all pages, as well as on all the documents which we are submitting before the CIC 

6) Is their any kind of fee to be paid for filling 2nd appeal or Complaints

Above mention points are useful to others as well, as these information will help to be taken care while drafting the application or complaints.

 

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There are several posts in the past.  Please search or find out from website of Information commission.

1.Yes.  There is a format that can be searched as above.  2.Informing Appellant, PIO and FAA addresses with pin code., providing index of chronological event of Date of RTI, Response of PIO, Date of First Appeal and FAA orders, Giving the Grounds of appeal with clarity and praying for providing of information and other reliefs and finally confirming the truth in the appeal contents are essentials.

3.If the second appeal is as per format, there is no question of rejecting appeal.  One can search in Commission website after one week of posting the same about status.  Normally IC permits such specific corrections within a time bound schedule. 5.All enclosures must invariably be self attested, providing such index with page numbers.

6.Normally no fees are being collected for second appeal, whereas some SICs collect fees towards actual postage and they have uploaded such fees in their website.. For CIC NIL fees for Second appeal.

The experts in the forum have in detail explained the procedure in number of earlier posts. Blogs and uploaded circulars also.  Those who are well versed with this forum first search for the available treasure and then only post queries.  There is nothing that is not available and  you can find a gold mine through search in forum.

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Thanks you sir, surely I will search for available explanation in this forum.

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  • 3 weeks later...

Hello Sir,

 

1. Time period for 2nd appeal confusion.

Brief :

As per RTI by me, dated 19/10/2020 for (TEP Updated dt.28/2/20) got reply on 08/2/2021.

Hence  I had filed FA @ 16/04/2021 (with Condone for delay prayed).

FAA accepted FA and for hearing gave dt. 11/05/2021 also mentioned due to Covid I can submit my WS if any before 11/5/2021.

On this I have sent my Written Statement on 2/5/2021, via email and Speedpost but no response received from FAA on my email as well as by post.

 

Query:

What will be correct date for me to file Speedpost 2nd Appeal to CIC  ?

As 16/04/2021 I file FAA then from their 45 days (17/4 till 31/5) will be on 31 may 21. So is it right time now to send 2nd appeal now.

Also please let me know after 45 day within how many day I should file 2nd appeal for no delay, or is it like  46th day is the date on which it must be filed I am confused here.

 

O R

As 27/4/21 letter I received from FA for hearing so from their 45 day I have to consider.

 

O R

As 2/5/21 WS I sent to FAA for hearing so from their 45 day I have to consider.

 

 

2.            For Second Appeal I am not sure where to address the letter. Where as per FAQ I found.

Que: To whom the application is to be addressed if information pertaining to the Commission as a public authority is sought?

If the information is sought relating to this Commission, the application may be addressed to the Central Public Information Officer of this Commission in Ground Floor, CIC Bahwan , Baba Gangnath Marg, Munirka, New Delhi-110067.

Do I have to send 2nd appeal at above mention address or will it be send on someother address, please assist.

 

3. In Second appeal I want to have  for Vedio Calling hearing, due to covid situation, 

what should i mention in Prayer for same. (vedio calling with Zoom call, whatspp or Google Meet) do we have specific direction for same. Or shall I follow same point as I mentioned in my FA application. Please assist.

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Due to Covid, the time frame for filing appeals are not strictly implemented.  The stipulation in your case is 30 days from date of receipt of FAA orders, and as you have not received FAA orders, technically speaking as FAA orders are not received, time frame for second appeal has not commenced.

However wait upto 8th Jun, 2021 and go for second appeal and after two years you may get opportunity of hearing and it is always through VC unless you request hearing at CIC.

In your case, you have to definitely go for second appeal without any doubt. 

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Wow great after 2 year you mean in 2023 I may get hearing, it's really a demotivating sir.  

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Posted (edited)

Sir I have prepared 2nd Appeal same is attached for reference.

 

Query: 

1.  Please let me know if I missed anything and also the correction points if any in same.

2. Sir in Chronological chart at  Point # 13  & in #15 will date will be the same.

3.  Also SIr if hearing date come soon in this pandemic itself then, will I get chance to attain date from Mumbai vai VC.

Do I have to mention specific Prayer in application for same, if help me draft point for same.

 

Sir for addressing the second appeal:

image.png.3b79fb34ccff40d2cb4e1c8a8378af78.pngimage.png.f5815f28864ad940919d7b60d0e94d32.png

Thanks & Regards.

SA xx.5.21 @ IT (Inv), for reply FA dt. 27.4.21_COpy.pdf

Edited by vijay_13
Forgot to add point
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Posted (edited)

Please look into the contents uploaded by you.  Most of the contents are about seeking information from the Commission itself.  That means the directions are on seeking information on records available with CPIO, Central Information commission.  In your case, you have to file appeal against ITO.

There are several earlier posts where formats for second appeal to CIC was provided just search for the same. One page is enough. The formats uploaded by you is too elaborate and extensive.  CIC only requires chronological events, grounds of appeal, prayer, verification.

A simple one page second appeal with self attested copies of documents is sufficient.  Even if you write several pages of Gabbar Singh dialogues no one is going to look into as per our Chief Moderator Hon CJ Karira's observations.  

Edited by Prasad GLN
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Sa Rev01.pdf

Sir as per suggestion I have made changes and updated the SA now.

Please have look on attached pdf, let me know if all sound good now.

 

Also I have doubt, As this is my first time 2nd appeal. I wanted to know. 

 

1Q: Do all the Second appeal and Complaint are always addressed to CIC only at

address. Ground floor, CIC Bhavan, Baba Gangnath Marg, Munirka New Delhi.

Same mentioned earlier.

 

OR

 

2Q: Do every CPIO Body have specific Second Appeal Authority, CIC. eg. Income Tax related will have their own CIC at their own State to handle the cases.

 

Mine FAA was 

Director General of Income Tax (Inv) Aryabhangi Pinnacle, S.A. Road, Elamkulam, Kochi-682020.

3Q: So will the SAA or CIC belong to same address Tax department ? I am confursed

 

Please let me know about this so that it will be usefull for future too.

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The second appeals against Central Government Public Information Officers must be made only to Central Information Commission, New Delhi.  In specific, I may inform that all those second appeals to CIC on matrimonial affairs (after Delhi HC Judgment) are not being treated kindly, and some ICs passed strictures against husbands for harassing the wife and in laws through these RTI when they can raise the same through courts in ongoing matter.

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  • 1 month later...

Hello Sir,

After Filling SA I do received reply from them stating removal of deficiencies.

1. Copy of RTI application submitted to CPIO is not enclosed.

2. other doc for proper presentation of your case, if availiable

3. your sa is therefore returened as per rule 8 of rti rules 2012, for removing the deficiencies. 

Sir for above, I have properly attached my Online RTI copy with Annex 'A' self attested in SA but still they mentioned rti submited to cpio not enclosed their  i don't no why is that due to Online rti. 

what shall i do .

 

 

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Sir also I have received FA order now after submitting SA on 11.6.21

and FA order is received to me on 21/6/2021 .

 

Shall i have to write cover letter mentioning 

Appellant have attached RTI subitted to CPIO and FA order dt. 17.6.21  which is received on 21.6.21

copy of both with self attested are submitted with this letter.

as SA which i submitted is having stamp of 17.6.21 by CIC now SECOND APPEAL stamp on my application which i received back from CIC I will be submitting same all stuff with this deficient papers now back to them.

Please assist.

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You can attach another self attested copy as there is no use in argument.  You can modify the SA with FAA orders.  There is no mention in your latest post on FAA order details.

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it means new Second appeal application with FAA details and their response need to be created and selfattest it and then send the same to CIC

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You have to add in First Appeal part should mention the fact that further to First appeal, after second appeal dt....was presented on ..........before CIC, FAA ordersdt.......was received and mention reasons why you are not satisfied with orders and enclose self attested copy .  Invariably enclose xerox copy of covering letter received with your reply.  That means state in first few lines that the second appeal is enclosed with relevant documents once again as per the letter and in the same covering letter, enclose reduction copy of their letter.   This makes their process is easy as they need not trace and waste the time for finding that letter

Even now you are silent on FAA orders.

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Can you search the CIC decisions as I remember to have seen a CIC decision that Public authority must state the progress of investigation and has to provide the information when TEP is pending. (I am sure but can not recollect or search decision that decision was by retired CBI director who worked as IC)

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Yes sir I have collected below listed CIC judgment for attaching as enclosure with SA now.

         

a Order dt. 03.12.2007 BhagatSingh-Vs-CIC and Ors

b Order dt. 4.3.2010 of CIC in Shri Manish Kumar Vs IT Department

c Order dt. 18.2.2010 of CIC in Shri Virag R. Dhulia Vs IT Department

d Order dt. 19.2.2010 of CIC in Shri Chetan Anand Parashar Vs IT Department

e Order dt. 15.12.2011 of CIC in Shri G.L Agrawal, Jaipur Vs IT Department, Bangalore

Order dt. 03.12.2007 BhagatSingh-Vs-CIC and Ors.pdf Order dt. 4.3.2010 of CIC in Shri Manish Kumar Vs IT Department.pdf Order dt. 15.12.2011 of CIC in Shri G.L Agrawal, Jaipur Vs IT Department, Bangalore.pdf Order dt. 18.2.2010 of CIC in Shri Virag R. Dhulia Vs IT Department.pdf Order dt. 19.2.2010 of CIC in Shri Chetan Anand Parashar Vs IT Department.pdf

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Please do not enclose such decisions with second appeals as no one cares.  Reserve it for stating as citations during SA hearing.

Further Judges deliver Judgments, others like Commission decides (decisions)

I heartily appreciate for your perseverance and your action in attachments relevant is really nice on your part.

Most of the RTI applications still after such decisions are still being rejected on TEP and the forum is having lot of such queries.

You will be doing a lot of service if you can write a blog on this TEP in this forum and Income tax returns with attachments of the above.  Delhi HC judgment is really good.

 

Edited by Prasad GLN
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Posted (edited)

Oksir, 

it mean no need of enclosing these citation as of now.

Actually sir I thought that  u were asking for citiation as per ur previous reply so that we could make it attached.

Is it fine attach atleast one citation and as supporting doc their. and rest other I will use it at time of hearing delivery

before the cic when my date comes.

 

Or Else shall i simple mention please check Judgment Order dt. xxxxx of xxxx v/s IT ref CIC/D/xxxxx/xxxxx/xxx (without attaching it with SA)

will that work 

 

Also Sir I have prepare Cover Letter, attached for ref, pls let me know if changes required

image.png.646a6ba1d6b3bf844353dcf525d1c4f0.png

Edited by vijay_13
Forgot to add point
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Good, that is the way to reply to CIC, Brief, to the point.  You can state all citation reference in second appeal stating that inspite of the  following earlier citations, the information was denied.

Also write another letter to FAA, stating the summary of such excerpts from each decision and state that it is not proper to deny information and such denial inspite of earlier rulings amounts to contempt.

Also search in IT website as they have uploaded these citations, as they have uploaded all important decisions to guide CPIOs.  If they have uploaded these citations in their website, then the denial becomes unlawful and deliberately malafide.

If they have not uploaded, it means that authorities are resorting to partisan attitude and uploading only those decisions/judgments in which their version is supported and suppressing the valid decisions/judgments that is according to law and misleading CPIOs and failing to educate CPIOs.  This you can post as grievance in pgrmsin on line portal, expressing a grievance that as those decisions/judgments are not uploaded deliberately, citizen applicants are forced to knock doors of CIC waiting for years together for same decision.  This is a grievance and must be redressed.

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Sir I have searched for Citation kept by IT dept on their website found as below.

1) Appeal No.35/IC(A)/06 F. No.CIC/MA/A/2006/00108 Dated, the 8th May, 2006

https://www.incometaxindia.gov.in/Documents/RTI Case Laws/RTI Judgments/Sh-Bhagat-Singh-RTI-Judgments.pdf

 

2) CIC Judgment of Manoj Kumar Saini on providing his FIL Income tax details

https://www.incometaxindia.gov.in/Documents/RTI Case Laws/RTI Judgments/Manoj-Kumar-Saini-In-re-RTI-Judgments.pdf

 

3)https://search.incometaxindia.gov.in/pages/results.aspx?k=rti#Default={"k"%3A"rti"%2C"s"%3A41%2C"r"%3A[{"n"%3A"DITGroup"%2C"t"%3A["\"ǂǂ5254492043617365204c617773\""]%2C"o"%3A"OR"%2C"k"%3Afalse%2C"m"%3A{"\"ǂǂ5254492043617365204c617773\""%3A"RTI Case Laws"}}]}

 

I think they have maintained the data over website properly, Hence no need of Grievance their.

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due to presence of above citation on IT website i am adding line on my sa now as below.

Appellant had gone through www.incometaxindia.gov.in website and via searching RTI law and Judgment found  many important decisions to guide CPIO in subject of  TEP related information allowed to be given to appellant such as Shri Bhagat Singht RTI Judgment, Shri Manoj Kumar Saini Rti Judgment etc. Hence denial of Information from CPIO and AA Order acting as unlawful and deliberately malafide.

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Mark this as copy to FAA invariably and pray for directions for providing of information as SA may come up for hearing after one year and that information is urgently required.

 

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