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UP State Information Commission Doesn't Act


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I made a query under RTI from the PIO/DM of my district in U.P. When there was no response despite the lapse of 30 days, I emailed my First Appeal under RTI to the FAA/Secy State Information Commission, Uttar Pradesh, but again there was no response whatsoever. After waiting for a month I emailed my appeal to the State Chief Information Commissioner, but i vain. The result is that I haven't got any response on my query under RTI despite the lapse of 9 whole months. Please tell me what should I do now.

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Prasad GLN

First appeal has to be filed before Appellate AUthority of Public authority with which applicant has filed RTI Application. If the address is not known, it is enough to write FAA c/o PIO and for grounds of appeal, you can mention "Deemed denial" as information was not furnished within 30 days mandated under RTI Act. Sec.7. Enclose copy of RTI Application also to FAA. In some states, there are fees for Appeal and seek relevant posts of your state to know if there is any such appeal fees.

Now, as appeal time has lapsed either you have to file RTI application afresh or file first appeal seeking condonation for delay stating that as no information was furnished/denied by FAA you are prevented from filing First appeal and sent first appeal to SIC and both also.

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I dont think thr is any FAA above the DM in UP except the FAA SIC. Can the First Appeals be filed by email? Please check more on RTI on myd dist website to guide me: varanasi.nic.in

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sharmajee

Upper Collector(Protocol) and Authorised officer (P.G.) are PIOs and DM is the FAA not FAA SIC. Did u file first appeal to DM, Varanasi?

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Sunil Ahya
I made a query under RTI from the PIO/DM of my district in U.P. When there was no response despite the lapse of 30 days, I emailed my First Appeal under RTI to the FAA/Secy State Information Commission, Uttar Pradesh, but again there was no response whatsoever. After waiting for a month I emailed my appeal to the State Chief Information Commissioner, but i vain. The result is that I haven't got any response on my query under RTI despite the lapse of 9 whole months. Please tell me what should I do now.

 

1. At present it is not advisable to file RTI Application, First Appeal & Second through e-mail.

 

 

2. Moreover, you were supposed to have enclosed a RTI fee of Rs. 10/- along with a RTI application, by what mode / method, and how did you make the payment of RTI fee ?

 

 

3. A First Appellate Authority (FAA) is supposed to be a person who is senior in rank to a PIO, and belongs to the same Public Authority to which a PIO belongs.

 

As such, you were supposed to have filed your first appeal under section 19(1) with the concerned First Appellate Authority of the same Public Authority, to which the PIO belongs, whereas it seems that you have filed a first appeal with the State Information Commission !

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Prasad GLN

Even if Appellant has committed a mistake, is it not the duty of SIC to send it to concerned Public Authority as prescribed under RTI Act ?, or SIC should have returned in time stating a valid reason guiding the appellant.

Appellant can even now seek IC to redirect First appeal to Appellate Authority and seek condonation for delay.

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karira
Even if Appellant has committed a mistake, is it not the duty of SIC to send it to concerned Public Authority as prescribed under RTI Act ?, or SIC should have returned in time stating a valid reason guiding the appellant.

Appellant can even now seek IC to redirect First appeal to Appellate Authority and seek condonation for delay.

 

I do not know about the UPSIC, but CIC has taken a policy decision (available on the scrolling news on the CIC portal), that they will not do any such thing.

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