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CPIO has conveyed decision on First Appeal instead of Appellate Authority


infogirl

Question

Can a PIO or CPIO convey the decision of the Appellate Authority?

 

I filed an appeal against a CPIO for deemed refusal to the first appellate authority.

I was surprised to get a letter from the CPIO saying that the appellate authority had rejected my appeal.

I have not received any communication from the first appellate authority.

What do I do?

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colnrkurup

I feel that it is better to go for the Second appeal on expiry of 30 days from the date of receipt of the first appeal by the FAA. All the facts stated by you are fully known to the CPIO and FAA. There is no need to remind them. I would have endorced a copy of the Second appeal to the FAA in this case. giving him a chance to react if he wish to do so.

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Sunil Ahya

Is it necessary to serve a copy to PIO / FAA before filing second appeal with the SIC Mumbai.

 

What is the time period after which one can file second appeal 30 or 45 days? If the FAA has replied to one's query and one has replied a rejoinder to the FAA's reply are those days to be deducted from 30 days period or one can go ahead and file second appeal as he has not got the required info.

 

To summarize - For second appeal under what circumstances does the period of 30 days after first appeal become 45 days.

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colnrkurup

In normal circumstances there is absolutely no requirement to give copy of the second appeal to the PIO or FAA. Considering the peculiar cituation of this case, I felt it would be better to give the copy of second appeal to FAA instead of the reminder you were planning. This will convey to the FAA that you meant business. In case the FAA has any inclination to order the PIO to provide the information he should be acting now. Such a step will save you from unnecessary correspondence and time.

 

The prescribed period is 30 days of the receipt of the appeal or within such extended period not exceeding a total of 45 days for reasons to be recorded in writing as stipulated in Section 19(6) of the Act. In this case, I do not find any reason for waiting for 45 days.

 

As regards your interim correspondence with PIO or FAA, I suggest you to forget them. Let the PIO or FAA bring it up in case they want. As for as you are concerned the period start from the date of receipt of your request for information by the PIO and the date of receipt of the first appeal by the FAA and it could end only when you get the information. Of cource when the PIO ask for additional charges, things are little different. In this case there being no such demand Section 7(3)(a) does not come in..

 

I had sugested you to give a copy of the second appeal to the FAA only for this reason. With this, the FAA get additional period till the SIC fix the hearing. In case he is not ordering the PIO to provide information till the date of hearing of the SIC, he won't be able to make any plea that he did not get 45 days as he would have got few months by that time. During hearing also you can counter any arguement on that line as to what stopped the FAA to act despite getting so much time.

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karira
I filed an appeal against a CPIO for deemed refusal to the first appellate authority.

I was surprised to get a letter from the CPIO saying that the appellate authority had rejected my appeal.

I have not received any communication from the first appellate authority.

What do I do?

 

It is possible that in your case, the FAA gave "spoken orders" and the CPIO replied to you based on those spoken orders.

 

Since you do not have anything in writing directly from the FAA, please file a Second Appeal before the SIC/CIC (depending on which PA have you asked for information), under Sec 19(3). This is the best course of action since:

 

1. You already filed First Appeal and you are not happy with the outcome.

2. The information you asked for has still not been given to you.

 

There is no point writing to the FAA or CPIO once again since they have already considered your case and you are still not satisfied.

In some cases, depending on the relevant SIC or CIC, it is necessary to serve notice along with a copy of your Second Appeal to the FAA and the CPIO. In fact this is included in the CIC (Management) Regulations 2007 in Sec 10. Just check the rules for the relevant SIC, in case your PA falls under the RTI Rules of any State.

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Best course will to file second appeal ,in proper form,against the FAA & PIO against deemed refusal as both PIO nad FAA has grossly failed to send a reply.PLease copies of appeal to PIO and FAA under a proper receipt of by Regd.post as this is required under RTI propvisions.

 

R K Garg

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ganpat1956
It is possible that in your case, the FAA gave "spoken orders" and the CPIO replied to you based on those spoken orders.

Karira, it should be presumed as verbal orders and not spoken orders. Let not the readers confuse it with the term speaking orders of the FAA.

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jiwateshwar

When I faced opposition from public authorities in giving out information, I was too eager to be able to file a second appeal before the CIC. I was really disappointed to learn that a first appeal needs to be filed before I can approach the CIC. I wanted to approach the CIC so that I could get punishment awarded out, and actually saw the CIC as people's friend. Soon enough my desire to be able to file a second appeal (my first 2nd appeal) came true. But it was only after I had filed the second appeal did I realize that 2nd appeal is a really long shot. The very first glimpses of some of the CIC's judgment shattered my belief in CIC. I realized that CIC was not pro-people, but rather it was there for the sole purpose of ensuring that bureaucrats don't end up on the receiving end. Most IC's are pro-bureaucrats. The CIC was actually responsible for hijacking the act. Further, the biggest blow came when I found out that a second appeal takes on an average 5-7 months to get a hearing. Sure enough I could wait for the information for some time, but seven months?? No, that was no where in my calculations. Thus now, when I have to file a second appeal, I evaluate the matter in two terms:-

1. How soon do I require the information., Can I wait for the CIC decision or not?

2. Which is of a higher importance, getting the cpio punished or getting the information?

 

Furthermore, it is a gamble, if one was to proceed with a 2nd appeal with a view that you might be able to get the cpio punished, coz the cic is more than happy to let erring officials scott free.

 

Thus I see it as better to do all I can to ensure compliance with RTI act on part of the CPIO and FAA before I proceed to a second appeal. 2nd appeal is just not worth the wait.

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jiwateshwar

have been trying to get a copy of the DoPT circular numbered OM No. 1/3/2008-IR dated 25th April, 2008 and not been successful. Could someone who knows how to access these circulars by DoPT please make them available here please.

 

Got it atlast, GOOGLE rulz!

1_3_2008_IR(Eng).pdf

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ganpat1956

Jiwateshwar,

From your post No.9 here, I gather that you still maintain your stand of sending a letter to the CPIO and the FAA first, before proceeding on the second appeal(as per your post No.2). Just to ensure that nobody misses your emphasis under a lengthy narration. BTW, thanks for the attached file. That is a good work.

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