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Format for filling 2nd Appeal before the Commission


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vijay_13

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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Prasad GLN

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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vijay_13

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

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  • 3 weeks later...
vijay_13

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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Prasad GLN

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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vijay_13

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

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vijay_13
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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Prasad GLN
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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vijay_13

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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Prasad GLN

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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