Incomplete information provided by CPIO and rejection by CIC
5 years ago
1. I applied for information from Airforce.
2. CPIO provided incomplete information.
3. I appealed to first appellate authority.
4. He gave the speaking order to CPIO.
5. CPIO provided the information which was again incomplete.
6. I requested the first appellate authority again for the same but he rejected and told to appeal to CIC.
7. I appealed to CIC but he is returning my appeal , stating time bar even when I appealed within 15 days of letter received from first appellate authority rejected letter.
Please guide.
A.Dear Sir,
You may receive appeal from CIC with endorsement then approach High Court for getting justice.
For full procedure contact me on mobile through Vidhikarya.
You may receive appeal from CIC with endorsement then approach High Court for getting justice.
For full procedure contact me on mobile through Vidhikarya.
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A.Dear Sir/Madam,
You need to follow the steps as per the Act.
Secondly, you can not question the veracity of truth in the information provided/quality of information.
I feel there is a gap between First Appellate Authority and CIC.
Best option for you is to re do the exercise again with some modification and get the relevant information of your use and discard the rest.
In case of clarity and help get in touch with some organisation close to your area/locality.
Shanti Ranjan Behera
Advocate
You need to follow the steps as per the Act.
Secondly, you can not question the veracity of truth in the information provided/quality of information.
I feel there is a gap between First Appellate Authority and CIC.
Best option for you is to re do the exercise again with some modification and get the relevant information of your use and discard the rest.
In case of clarity and help get in touch with some organisation close to your area/locality.
Shanti Ranjan Behera
Advocate
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Shreyash Mohta
Responded 5 years ago
A.It is the responsibility of the Central Public Information Officer (CPIO) of a public authority to supply correct and complete information within the specified time to any person seeking information under the RTI Act, 2005. There are possibilities that a CPIO may not act as per provisions of the Act or an applicant may not otherwise be satisfied with the decision of the CPIO. The Act contains provision of two appeals to tide over such situations. The first appeal lies within the public authority itself which is made to an officer designated as the First Appellate Authority by the concerned public authority. The first Appellate Authority happens to be an officer senior in rank to the CPIO. The second appeal lies with the Central Information Commission. The procedure for deciding appeals by the Commission.
The Commission has decided to issue the following guidelines for registration of Second Appeal as prescribed under Rule 8 and 9 of the RTI Rules, 2012:
Mandatory documents required for registration of Second Appeal :
The second Appeal duly signed and addressed to the Commission
Copy of the RTI application submitted to the Central Public Information Officer
Copy of the first appeal made to the First Appellate Authority
RTI, First Appeal and Second Appeal shall be related to each other
Above three documents must be legible
Above three documents must be in Hindi /English or a translated version in Hindi/ English should be provided
Other Mandatory documents required for proper presentation of Second Appeal, if available
Copy of reply received from the CPIO
Copy of the order received from the First Appellate Authority
Copies of other documents relied upon by the appellant and referred to in his appeal
An index of the documents
All the documents shall be duly authenticated and verified by the Appellant
The mandatory time period for filing the Second Appeal:
The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision
The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received
Condonation of Delay: If Second Appeal is filed after 90 days from the date on which first Appellate Authority’s decision was received by the appellant , the Commission may admit the Second Appeal if is satisfied that the appellant was prevented by sufficient cause from filing the Second Appeal in time.
Additional guidelines for speedier disposal of the case
Provide background statement of the matter
Provide details of information sought, information not provided and reasons of dissatisfaction along with specific grounds for second appeal followed by specific prayer
If compensation is sought , the second appeal shall contain specific grounds for seeking compensation and details of detriment suffered because of not getting the information.
Provide a copy of order of CIC ,if any ,against the same public authority on the similar issue raised in the second appeal
Provide a copy of proof of furnishing copy of second appeal to the public authority.
The Commission has decided to issue the following guidelines for registration of Second Appeal as prescribed under Rule 8 and 9 of the RTI Rules, 2012:
Mandatory documents required for registration of Second Appeal :
The second Appeal duly signed and addressed to the Commission
Copy of the RTI application submitted to the Central Public Information Officer
Copy of the first appeal made to the First Appellate Authority
RTI, First Appeal and Second Appeal shall be related to each other
Above three documents must be legible
Above three documents must be in Hindi /English or a translated version in Hindi/ English should be provided
Other Mandatory documents required for proper presentation of Second Appeal, if available
Copy of reply received from the CPIO
Copy of the order received from the First Appellate Authority
Copies of other documents relied upon by the appellant and referred to in his appeal
An index of the documents
All the documents shall be duly authenticated and verified by the Appellant
The mandatory time period for filing the Second Appeal:
The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision
The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received
Condonation of Delay: If Second Appeal is filed after 90 days from the date on which first Appellate Authority’s decision was received by the appellant , the Commission may admit the Second Appeal if is satisfied that the appellant was prevented by sufficient cause from filing the Second Appeal in time.
Additional guidelines for speedier disposal of the case
Provide background statement of the matter
Provide details of information sought, information not provided and reasons of dissatisfaction along with specific grounds for second appeal followed by specific prayer
If compensation is sought , the second appeal shall contain specific grounds for seeking compensation and details of detriment suffered because of not getting the information.
Provide a copy of order of CIC ,if any ,against the same public authority on the similar issue raised in the second appeal
Provide a copy of proof of furnishing copy of second appeal to the public authority.
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