How to write First Appeal under RTI ?

How to write First Appeal under RTI?

First Appeal

Simple Guidelines to follow while filing 1st Appeal under Right to Information Act 2005.

1. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA).

2. If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIO.

3. Find out name, designation and address of first appellate authority from the decision letter of CPIO. If no reply is received, visit the web-site of the govt. dept/office/undertaking and refer RTI icon for these details.

4. Despite above efforts, if you are not in a position to locate details of FAA, address your first appeal as under: The First Appellate Authority under RTI Act 2005 C/O. Head of _______________Dept/office and mention address of CPIO’s dept/office

5. If you want to be present during the first appeal hearing, mention it at the end of your appeal.

6. No fee is prescribed for first appeal for Public Authorities under the Central Government.

7. Some States have a prescribed fee and a specified format for First Appeal. Please check RTI Rules of individual Sates regarding First Appeal fees (if any), mode of payment, format (if any) if your First Appeal is to a Public Authority falling under State Government. Please visit www.rti.gov.in for details of various states.

8. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature.

9. Retain one set of appeal and postal receipt and AD receipt.

10. You can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoided.

11. FAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writing.

12. The FAA can give either a “spoken” order or a written order.

13. Department of Personnel and Training (DoPT) has issued specific instructions to FAA’s. These can be referred to here:

Experience with FAA is not encouraging so far, as he belongs to the same dept/office of which information is sought. Usually FAA concurs with the CPIO. FAA is a senior officer in the office/dept of CPIO. Below find attached the format for First Appeal.

Notes:

  • 3rd Party can be anyone other than the citizen applying for information
  • Please account for adequate time for postal delays

Various time limit has been prescribed under which the information can be obtained under Right to Information Act. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief.

Following are the various time limits specified in the RTI Act 2005

For matters involving “Life and Liberty”, the time limit for the PIO to provide information is 48 Hours.

For PIO to reply to application 30 days from date of receipt of application
For PIO to transfer to another PA under Sec 6(3) 5 days from date of receipt of application
For PIO to issue notice to 3rd Party 5 days from date of receipt of application
For 3rd Party to make a representation to PIO 10 days from receipt of notice from PIO
For PIO to reply to application if 3rd Party involved 40 days from date of receipt of application
For applicant to make First Appeal 30 days from date of receipt of PIO’s reply or from date when reply was to be received
For First Appellate Authority to pass an order 30 days from receipt of First Appeal OR
Maximum 45 days, if reasons for delay are given in writing
For applicant to make Second Appeal before CIC/SIC 90 days from receipt of First Appeal orders or from the date when orders were to be received
For CIC/SIC to decide Second Appeal No time limit specified

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