Friday, May 6, 2011

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

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.mb@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 <baritlumama@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: 91-99929-31181

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