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Is there a rule that second appeal cannot be filed before 45 days of filing first appeal?

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I filed a second appeal after 34 days of filing first appeal after receiving no response. But my second appeal was returned for having filed "prematurely" and I am asked to file again after 45 days are over despite having mentioned it was urgent. I thought you could file second appeal as soon as 30 days have passed after filing first appeal. Is there any such rule?

posted Jul 31, 2023 by Shubham Agrawal

1 Answer

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The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority. The section 19 is given below:

Section 19(1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

The Second appeal can be filed after 30 days from the date the First Appeal was delivered to the concerned Govt office.

answer Sep 1, 2023 by Shambhavi Rti
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I have been asked to be present in person for second appeal review next week with all supporting documents . What should I do? What documents needed?

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Filed RTI - 06/08/2020
Reply from PIO - No Answer

Filed FAA - 29/09/2020
Reply From FAA - No Answer

Filed Second appeal with SIC - 29/12/2020
Case created - 16/08/2023
Called for enquiry: 30/08/2023

On 30/08/2023:
I was present at SIC Tamilnadu for hearing. PIO was also present.

Judge: You have submitted application late (I have received the application late from you) , I can dismiss this appeal if I want to or you take the information from PIO now. The choice is yours.

The hearing hardly lasted for 2 minutes.I left the place by collecting two pages documents from PIO without any other way.

My question/Query:
1) How can Judge come into an conclusion without going through the all documents or listening to applicant?
2) I am completely not satisfied with the reply I got from PIO on that particular day for my RTI, what can I do now?
3) day before the hearing , local municipal officials were behind me, pleading me to do them a favour at Hearing . But things happened exactly Opposite on hearing day. Judge was loud at me instead of penalising PIO or concerned officials for not providing information for 2 years (not even a reply). I feel that the whole thing was rigged on hearing day.

Could somebody guide me with this ? Please connect me at Jain7dhoni@gmail.com or down here at comment box.
Thanks In advance

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I filed a second appeal in Chhattisgarh information commission. I didn't get the information to attend the appeal so could not attend it. But the commission has passed the order on my appeal and in its order I am shown present that I could learn through my RTI to commission itself. I didn't even get the order copy that I got through RTI. This is a case of Friday. What action can I take. Can I file FIR in the matter?

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