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What next if compliance of 2nd Appeal order not made?

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I filed an RTI but there was no response from PIO. Then I filed my first appeal, the Appellant officer issued an order to provide the information sought by me. But no information was provided. Then I filed a second appeal. In the second appeal order again it was directed to provide me the information sought by me or give an affidavit that the information was not available with the PIO. Then I was given improper and misleading information not relevant to my RTI application. What next can I do?

posted Nov 2, 2021 by M M Tiwari

2 Answers

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The Central Information or the State Information 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.

In case the PIO/First Appellate Authority provides an unsatisfactory information after the Order of the CIC/SIC, you can file a complaint. Section 18 (1) of the RTI Act provides grounds on which a complaint may be filed. The complaint may relate to inability for file RTI to reach into, refusal to give information etc. The section 18(1) is given below:

Section 18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—

who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
who has been refused access to any information requested under this Act;
who has not been given a response to a request for information or access to information within the time limit specified under this Act;
who has been required to pay an amount of fee which he or she considers unreasonable;
who believes that he or she has been given incomplete, misleading or false information under this Act; and
in respect of any other matter relating to requesting or obtaining access to records under this Act.

answer Jun 7, 2023 by Shambhavi Rti
0 votes

Non Compliance Application/report should be filed with the Commission concerned

answer Jul 24, 2023 by Rti Advice
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We appealed the 1st appeal under the RTI Act 2005 on10-11-2020.. We couldn't get the reply till now.. How long we are supposed to wait for the final&2nd appeal under the RTI Act 2005.. Pl kindly help us regarding this..

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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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