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Need help to file 2nd appeal online.


aakpersonal4
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Hello Everyone,

I filed the RTI to get my complaint status, but the PIO ignore my point wise questions and wrote in a paragraph which may answer my one question but not all. So it was "Partial reply" he informed me that he transferred my complaint to this person and new complaint number is xxxxx. So in 1st appeal I tried to explain my points to the FAA but no use. He did favor to PIO and keep the same judgment and just provided the certified copy of transferring my complaint.

1) I did not receive the answer to all my questions.

2) PIO did not provide me the certified copy which I asked, FAA at least provided my certified copy of transfer of my complaint.

3) No certified copy of citizen charter.

4) He should collect information from his internal department, but he did not and asking me to file new RTI or follow up that person.

5) There are Government of Maharashtra GR which needs to be followed. So as per that they should officer assigned to follow up and make notings. But PIO did not answer anything in that question.

I want 2nd appeal online format so they will be held responsible and I get my details. I will apply 2nd appeal from the Maharashtra online portal.

Thanks in Advance. I am really looking for help.

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Grounds for appeal: Incomplete, not relevant, incorrect information (point wise tabulation in Annexure A)

Prayer: Appellant pray for directions to PIO for providing information and all reliefs under Sec.20, Penalties and recommendation for disciplinary action for negligence in performing statutory obligations.

 

Annexure A

______________________________________________________________________________

Information solicited   !        PIO provided           ! Grounds for treating the information as not provided.

_________1______________  __________2__________    ________________________3____________________________

Query No.1

Query No.2.

so on 

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Apart from filing a second appeal, it is suggested that you also follow up with the second PIO by filing a first appeal with the FAA of the second PIO. This should be done within 45 days from the date of transfer of your RTI to the second PIO or within 30 days from the date of second PIO's reply, whichever is earlier.

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If the information is available within the same public authority, it is the duty and responsibility to collect such information from the custodian of that information and provide it to Applicant.  The transfer within public authority is unknown in RTI Act. The receiving CPIO should either endorse forthwith or severe that query and send to relevant CPIO.  Several CIC decisions ruled that the process of asking applicant to file separate RTI Application to some other PIO in his own authority is not proper and legal.

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Hon'ble Prasad Ji,

The applicant can take a technical route and file a second appeal on the technical aspect, but then one must remember that it takes a couple of years for the second appeal to come up at the SIC's  and that too with not much of an outcome on technical aspects. That is not to say that this technical aspect should not be pursued to its logical conclusion.

However, if information is important and the time taken too is important, it would be advisable to file a first appeal with the FAA of the second PIO and pursue the matter simultaneously.

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