Section 19(3) - 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.....
On the contrary to what made out by Sarbjit, one can file the first Appeal after 30 days from the date of receipt of the RTI application by PIO and the second appeal after 30 days from the date of receipt of the First Appeal by FAA, without waiting for the reply of the PIO or FAA.
Secondly, There is a difference between complaint and appeal. Complaint can be filed any time (without any limitations) as soon as a cause of action arises. This is not the discretion of the CIC/SIC to entertain the complaint on its discretion. Section 18. (1) says that it shall (emphasis on 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.
So I advise every body not to fear while filing the appeal. You can do it any time you like independent of the appealing process. Since Sarabjit is adamant not to yield to a rightful right of aa applicant, he is throwing arguments, may be to enlarge the scope of this discussion. He is welcome.
On Sun, May 8, 2011 at 8:42 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
So I advise every body not to fear while filing the appeal. You can do it any time you like independent of the appealing process. Since Sarabjit is adamant not to yield to a rightful right of aa applicant, he is throwing arguments, may be to enlarge the scope of this discussion. He is welcome.
On Sun, May 8, 2011 at 8:42 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear Surendra
The practical definition of "expert" is anyone who knows a LITTLE more than the AVERAGE IDIOT.
I am glad that you agree with me that Complaints are discretionary.
I disagree with you that the Complaint must be "well drafted" to achieve results. What is more important is that the Complainant must know and confine himself to the specific grounds under which a Complaint must be filed, and approach the Commission without laches (delay). Thereafter the Complainant is left to the vagaries of the Commissions and their individual styles of functioning.
Your calculation of time allowed to file a 2nd appeal (90 days after FA gives decision) is completely off the mark. As per me the prospective appellant must file his 2nd appeal within 90 days of the date the CPIO gives his decision (or should have given his decision). [19(1) r/w 19(3)]
SarbajitOn Sat, May 7, 2011 at 4:13 PM, Surendera M. Bhanot <surendera@avissoftware.com> wrote:
The experts find a way from the narrow band too. So the matter that Complaints is discretionary is no longer a myth. If one cannot file a proper complaint, he cannot expect the desired results. The CIC/SIC has to inquire into on receipt of a well drafted complaint. The calculations of days are broadly correct and a knowledgable person will reckon the exact days, when required. Act does not specify any time limit for filing the complaint. However, courts had decided that the CIC/SIC has to decide the same as expeditiously as possible.
--On Sat, May 7, 2011 at 3:48 PM, sarbajit roy <sroy.mb@gmail.com> wrote: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:> > > On Thu, May 5, 2011 at 1:51 PM, Baritlum Ama <baritlum...@gmail.com>
> > > 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
>
> > wrote:> > Phone:91-99929-31181begin_of_the_skype_highlighting 91-99929-31181 end_of_the_skype_highlighting
>
> > >> 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
>
> --
> *"Our biggest competition is never with the others.
> Instead, it is always within ourselves.> *- President, RTI Help <http://www.rtihelp.in> & Assistance Forum Chandigarh
> 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*
>
> - 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> - Member, SPACE <http://www.thespace.org.in>- Society for Promotion and
> - Jt. Secretary, Amateur Judo Association of Chandigarh
> Conservation of Environment, Chandigarh> Mob:+91-9888-810-811begin_of_the_skype_highlighting +91-9888-810-811 end_of_the_skype_highlighting
> - Member, RTI Activist Federation, Punjab, Chandigarh*
> *No. 3758, Sector 22-D, Chandigarh-160022
> PHONE:+91-172-2780838begin_of_the_skype_highlighting +91-172-2780838 end_of_the_skype_highlighting
> FAX: 0871 266 8523 ***
> Mail Me <surend...@avissoftware.com>
>
> *DISCLAIMER*: You have received this email because you any one time
> contacted me through mail or otherwise gave your mail-id. This e-mail is
> intended to be sent to the persons on my regular mail-list. In case you
> think this mail infringes your privacy or otherwise you do not want to
> receive this mail anymore, please reply with the word* 'UNSUBSCRIBE"* in the
> body of the mail. *Please do not** disturb the Subject line*. I am sorry to
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"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 & Assistance Forum Chandigarh
- Youth for Human Rights International YHRI - South Asia
- CEO, Avis Software, Chandigarh- Convener & Life Member, Consumers Association Chandigarh- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, RTI Activist Federation, Punjab, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022Mob: +91-9888-810-811FAX: 0871 266 8523
PHONE: +91-172-2780838
Mail Me
DISCLAIMER: You have received this email because you any one time contacted me through mail or otherwise gave your mail-id. This e-mail is intended to be sent to the persons on my regular mail-list. In case you think this mail infringes your privacy or otherwise you do not want to receive this mail anymore, please reply with the word 'UNSUBSCRIBE" in the body of the mail. Please do not disturb the Subject line. I am sorry to see you go. But please mention the reason why you want to go. It will help me improve my services in future. Thanks
--
"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 & Assistance Forum Chandigarh
- Youth for Human Rights International YHRI - South Asia
- CEO, Avis Software, Chandigarh
- Convener & Life Member, Consumers Association Chandigarh
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
- Member, RTI Activist Federation, Punjab, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: +91-9888-810-811
PHONE: +91-172-2780838
FAX: 0871 266 8523
Mail Me
DISCLAIMER: You have received this email because you any one time contacted me through mail or otherwise gave your mail-id. This e-mail is intended to be sent to the persons on my regular mail-list. In case you think this mail infringes your privacy or otherwise you do not want to receive this mail anymore, please reply with the word 'UNSUBSCRIBE" in the body of the mail. Please do not disturb the Subject line. I am sorry to see you go. But please mention the reason why you want to go. It will help me improve my services in future. Thanks
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