[HumJanenge] Re: Cabinet note not secret: Info panel

You have not calculated the dates / period for filing 2nd appeal
correctly
You have also not appreciated that complaint process is extremely
narrow
in scope and confined to a few technical grounds. Complaint process is
also a time-bound process for citizens to approach the CIC in..

Sarbajit

On May 7, 12:23 pm, "Surendera M. Bhanot" <surend...@avissoftware.com>
wrote:
> In fact there is difference between the "Appeal" and "Complaint".
>
> *Appeal - *you file it when you find that the process of law has been
> followed but the information has not been given. You file an appeal to get
> the information. you have to go through the process as per Section 19 of the
> Act.You have 30 days to file first appeal and 90 days thereafter (after the
> expiry of the 30 days of the first appeal) for second appeal. PIO has no
> right to appeal, but PA has.
>
> *Complaint - * You file it under Section 18 of the Act where the process of
> law has been abused in any manner. It is independent of Section 19. There is
> no time limit and complaint can be filed any time on any issue of
> infringement of law and your rights. Neither PIO nor PA can complain. Rather
> the onus of proof rest on the PIO.
>
>
>
>
>
>
>
>
>
> On Sat, May 7, 2011 at 5:38 AM, sandeep kumar <drsandgu...@gmail.com> wrote:
> > what i have done is that i filed complaint against the refusal of
> > information (as the pio did not give any grounds to refuse
> > information). after some days, I filed first appeal with AA. Now as
> > the first appeal has not been replied, i intend to filed second
> > appeal. can i do so?
> > I mean to ask as to whether commission can reject the complaint (for
> > filing it along with use of first appeal) or reject the appeal (for
> > filing a complaint and thus approaching the commission earlier also)
>
> > On 5/6/11, Sarbajit Roy <sroy...@gmail.com> wrote:
> > > 1) If the RTI request has been duly received with the fee and there is
> > proof
> > > of this, we always advise our members to file first appeal before
> > (wrongly)
> > > approaching the SIC/CIC (in complaint jurisdiction) or (rightly) in 2nd
> > > appeal jurisdiction thereafter.
> > > The reason for this is that
> > > a) first Appeal is a statutory time-bound process, whereas
> > > b) Complaint is a discretionary and open-ended process.
> > > c) Second appeal is a statutory but open-ended process
>
> > > So the answer to your query no.1 is that it is NOT mandatory to approach
> > FAA
> > > prior to approaching SIC/CIC, ... BUT First Appeal is TECHNICALLY the
> > BEST
> > > option in terms of RISK MANAGEMENT.
>
> > > 2) Your 2nd query is badly framed and factually incorrect. The CIC CANNOT
> > > entertain a 2nd appeal when no  first apeal has been filed.
>
> > > Sarbajit
>
> > > On Thu, May 5, 2011 at 1:51 PM, Baritlum Ama <baritlum...@gmail.com>
> > wrote:
>
> > >> I NEED THE ANSWER FROM YOU ALL PLEASE.
>
> > >> 1) IS IT MANDATORY TO APPROACH THE APPELLATE AUTHORITY OR SENIOR IN
> > >> RANK TO THE CPIO OR SPIO PRIOR TO APPROACHING CIC OR SIC?
>
> > >> 2)AND IF THE CIC OR SIC ENTERTAINS THE APPELLANT BY BYPASSING THE
> > >> SENIOR OFFICER I.E 2ND APPELLATE AUTHORITY AS PER CLUASE-19(1),THEN IS
> > >> THE ACTION OF CIC OR SIC IN VIOLATION OF THE RTI ACT.
>
> > >> WHERE THE CLUASE WHEREIN THE CIC OR SIC OR APPELLANT DEFEND THEMSELVES.
>
> > >> Thanks
>
> > --
> > Dr. Sandeep Kumar Gupta
> > 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
> > Phone:91-99929-31181begin_of_the_skype_highlighting            91-99929-31181      end_of_the_skype_highlighting
>
> --
> *"Our biggest competition is never with the others.
> Instead, it is always within ourselves.
> It doesn't matter if where we end up - first or at last.
> If we do our best to do better than before, we've won"
> **
> Warm Regards**
>
> Surendera M. Bhanot*
> *- President, RTI Help <http://www.rtihelp.in> & Assistance Forum Chandigarh
>
> - Youth for Human Rights International YHRI <http://yhrisouthasia.ning.com/>-
> South Asia
> - CEO, Avis Software <http://www.avissoftware.com>, Chandigarh
> - Convener & Life Member, Consumers Association Chandigarh
> - Jt. Secretary, Amateur Judo Association of Chandigarh
> - Member, SPACE <http://www.thespace.org.in>- Society for Promotion and
> Conservation of Environment, Chandigarh
> - Member, RTI Activist Federation, Punjab, Chandigarh*
> *No. 3758, Sector 22-D, Chandigarh-160022
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