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Can I File First Appeal Once Again?


nukebomb

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nukebomb

dear sirs. i had applied for some informationto APIO on 11/03/2008.i did not recieved any reply till 14/04/2008.i made first appeal on 15/04/2008 for non reciept of any information .However i got a reply from APIO dated 24/04/2008.( That is full 44 days after my initial application ). in this reply APIO has not given required information . MY QUESTION IS CAN I FILE FIRST APPEAL ONCE AGAIN?.I have alreasdy made first appeal on 15/04/2008 ?

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jps50

Yes ,you can again file first appeal to FAA based on the info/papers supplied by PIO.

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I think you can again inform the conncerned Appellate Authority by mentionening "IN CONTINUTION TO MY FIRST APPEAL DATED_______.NO SATISFACTORY/COMPLETE REPLY HAS BEEN RECEIVED TILL DATE HOWEVER A VAGUE REPLY IS RECEIVED ON__________(AFTER_____ DAYS) PROVIDING INCOMPLETE INFORMATION..............................................................

 

In case you did't hear any thing from the concerned App. Authority with in specified time only then you can :-

Go for 2nd Appeal before the Chief Information Commissioner of the concerned/your State.Place/enclose/annex all the copies of documents sent/received till date (duly signed by you on each & every copy/document).

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colnrkurup

You wrote that the APIO replied you. He has no authority to reply,. Hence it is as good as not replied Your request for informtion shall be deemed as refused. You should proceed with a first appeal afresh as if no reply from the PIO received. I don't think there is any need of mentioning that the APIO has replied you. Let him argue it if he wish.

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karira

nukebomb,

 

Two possible courses of action:

 

1. As colnrkurup said, APIO is not supposed to reply to a RTI Applicant.

Just ignore his reply and let your appeal dated 15/4/2008 continue.

One problem here is that:

Your application to APIO on 11/3/2008

Add 5 days for APIO to PIO: 16/3/2008

PIO reply due on 16/4/2008

 

You appealed 1 day early.

AA can raise technical hitch.

 

2. Your first appeal was based on the fact that no reply received.

Now that you have received a reply, you can make a second first appeal because

this time you are appealing against the reply of APIO and grounds are different than

the first first appeal.

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