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Got reply now from SIC for a second appeal made in 2020.

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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?

posted Aug 24, 2023 by Shenick Dhoni Jain

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.

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:

The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

The applicant can appear himself or through his duly authorised representative in the Second Appeal hearing. You can take the RTI, its reply, First Appeal, its reply, Second Appeal and its attachments in the SA hearing.

answer Sep 1, 2023 by Shambhavi Rti
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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?

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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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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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