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What If one fails to File a second appeal with in 90 days after receiving response from First Appellate Authority?


raghavendraprasad

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raghavendraprasad

Hi All,

 

Aggrieved by the insufficient and incomplete information provided by the Public Information Officer, I had filed the First Appeal with the First Appellate Authority which was received in his office on 7th February 2011 and The FAA is suppose to reply and dispose off the appeal before 22nd March 2011 (45 days).

 

BUt, He didn't responded to my appeal, neither disposed the same off. Though I can file a Second appeal / Complaint with the information commission, I didn't do it Rather I had sent a reminder (as advised in this RTI Forum) reminding the FAA about my appeal. I had received the response for the same in early June But surprisingly, He disposed off the appeal rejecting the sought information on the same grounds mentioned by Public Information Officer, Though I had clearly explained in the appeal as to How those things won't comply with my case and how the Public Information Officer had intentionally dodged the information. The FAA seemed to have not read the appeal at all but just denied the information on the same grounds.

 

Its been more than 90 days after these events happened (Time after filing the First appeal + receiving no response + sending a reminder + responding to the reminder but no information provided).. It is almost 6 months after the same.

 

Is there any chance I can file a Second appeal with the Information Commission Now? Its been more than 90 days. But I heard that There are cases where commissions condone the delay in filing the second appeal following inclusion of necessary and required prayers in the appeal.

 

I request the forum members to help me out with this.

 

If I can file the second appeal even now, What are the relevant prayers/grounds I can mention in the appeal as the reasons for delay? If I cant file it now, is there any other way to go?

 

Thanks and Regards

 

 

Raghavendra

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  • Moderators

You can file complaint CIC/SIC which has no time limit. Please refer:

 

 

HOW TO COMPLAIN U/S 18 [CENTRAL/STATE]

COMPLAINT UNDER RTI ACT 2005 - Guide

 

In 99% cases, FAA concurs with his colleague PIO. In fact PIO gets his reply approved unofficially by FAA before sending to applicant. It is useless step but unless act is amended, we have to follow it. You can also peruse:

 

 

Consumer Remedy

http://www.rtiindia.org/forum/blogs/jps50/719-additional-remedy-information-seekers.html

 

Consumer Notice

http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html

 

Consumer complaint draft and guide

http://www.rtiindia.org/forum/blogs/jps50/2114-consumer-complaint-rti.html

 

Human Rights remedy:

http://www.rtiindia.org/forum/blogs/jps50/2187-how-invoke-jurisdiction-national-state-human-rights-commissions-right-information.html

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The time limit for second appeal is 90 days after getting the FAAs order. Is this also over ?

 

You should have valid grounds for asking for condoning of delay. Just because you forgot or did not have time to file seond appeal is not a valid ground.

 

Complaint will be accepted only if you have any one of the grounds listed in sec 18(1)(a) to (f). As it is most, commissions are simply returning complaints.

 

If the matter is important to you, then it is better to start afresh with a new RTI application. This time be careful in your drafting so that the chances of rejection are minimised.

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RAVEENA_O

There is no harm in filing SA. Time barred cases are being heard by CIC without any justified reason cited by Appellants. Though the applicants did not mention Sec.18 or 19 in their appeals, the CIC Notice of Hearing captioned those appeals as "APPEAL UNDER SECTION 18 & 19" and heard. The state commissions may take different view - to reduce pendency.

 

Since the case has reached this stage, file an SA if SAA is CIC. In the meantime, file fresh RTI Application as suggested in Post#3.

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sharmajee

One of my second appeal was rejected by Rajasthan SIC, where in I took the ground that FAA has decided First Appeal after 60 days and I filed second appeal with in a week of belated decision of FAA.

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