What Can You Do If The First Appeal Is Not Effective In RTI?

What if RTI first appeal is not answered?

If an applicant is not satisfied with the response received or does not get a response at all or in the prescribed time frame then an individual should file an appeal with the relevant first appellate authority within 30 days of the expiry of the 30 day time period to supply information..

What is second appeal in RTI?

A Second Appeal is the remedy specified in the Section 19(3) of the Right to Information Act, 2005 that can be used in case: The FAA or First Appellate Authority fails to furnish a reply to the First Appeal within a period of 30 days. … The FAA acts in a manner that goes against the spirit of the RTI Act.

What is second appeal in CPC?

Second appeal. The decree/ judgment passed by any appellate Civil Court in the first appeal can be challenged by way of a second appeal before the High Court. If the case involves a substantial question of law . The second appeal can be filed even against an exparte decree/ judgment of the first appellate court.

Who is second appellate authority?

Anybody who is unhappy or dissatisfied with the decision of the First Appellate Authority can file Second Appeal to the Information Commission at the Centre or respective States. … For matters related to State Government public authorities, send your appeal to concerned State Information Commission.

Can RTI appeal be transferred?

1) When your RTI application has been physically transferred to other public authority, which is not aligned to this portal. In such a case, you are required to file your appeal in physical mode to the concerned public authority. … No,Online first appeal can only be filed against previously filed online RTI application.

How can I file RTI First Appeal?

For making an appeal to the first Appellate Authority, the applicant has to click at “Submit First Appeal” and fill up the page that will appear. The registration number of original application has to be used for reference. As per RTI Act, no fee has to be paid for first appeal.

Who is the first appellate authority under RTI?

The first appeal lies within the public authority itself which is made to an officer designated as the First Appellate Authority by the concerned public authority. The first Appellate Authority happens to be an officer senior in rank to the CPIO. The second appeal lies with the Central Information Commission.

Where do I file first appeal under RTI?

Finding First Appellate Authority Details of FAA can also be obtained through telephone from the office of public authority. Alternatively, if the office of PIO is nearer to applicant, he can visit PIO’s office, where details of PIO / FAA can be gathered from RTI Notice Board.

Can First Appellate Authority impose penalty under RTI Act?

The First Appellate Authority (FAA) or the Public Authority (PA) are not subjected to any penalty clause under the RTI Act. … Commission pointed out that the views of the applicant cannot be a reasonable cause for dropping penalty proceedings against the PIO.

What is a first appeal?

A) First Appeal lies to a superior court from a decree passed by a court exercising original jurisdiction. Whereas, second appeal lies only in the High Court from a decree passed by a court exercising appellate jurisdiction.

What is the first appeal after RTI?

The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received.

Can I ask questions in RTI?

If we combinedly read sub-section (f) and (j) of section (2) of RTI Act, it means that we can ask questions under RTI if the answer to the question is available in record of public authority or in other records which is under the control of the public authority.

How many times RTI can be filed?

You can file an RTI everyday or twice a day or as frequently as you want. Only thing is, once you have filed an RTI – you should wait for 30 days for the PIO to reply (except for life and liberty issues which are to be replied within 48 hours) before filing an appeal.

Who can be appointed as appellate authority?

Section 19(1) of the Central Act requires that officers are appointed to who are “senior in rank” to the Public Information Officer (PIO) to deal with appeals from requesters who are unhappy with how their request has been handled. These officers are commonly referred to as Appellate Authorities.

What is the time limit for RTI First Appeal?

30 daysSimilarly, as per the RTI Act, an appeal shall be disposed of within 30 days on the receipt of the appeal by the First Appellate Authority or within such extended period not exceeding a total of 45 days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

What type of questions Cannot be asked in RTI?

“Under the RTI Act, 2005, your queries submitted to the public information officer cannot be in question form… Under Section 2(f), which defines ‘information’ , questions have not been defined as information.

Which information Cannot be disclosed under RTI?

Personal information of employees can’t be disclosed under RTI: SC. NEW DELHI: The Supreme Court has ruled that service details of an employee can’t be shared with an RTI applicant as ‘personal information’ is exempt from disclosure under the Right to Information Act, unless there was larger public interest involved.

Can I get someone else’s annual confidential report under RTI Act?

Answer: The answer is “yes”. Now, it should be possible for you to obtain your own ACRs (Annual Confidential Reports) by making an RTI application. … Thus, only a discretion was given to the authority whether or not to provide copies of ACRs on an RTI application being filed for the same.

What is the fee for filing appeal under RTI?

In case of denial of information, the citizens are entitled to two levels of appeal, firstly, to the First Appellate Authority who is a designated officer of a public authority, and secondly, to the Central Information Commission (CIC). In both the levels, currently, no fee is payable for the appeals.

How can I send RTI by post?

You can send your RTI application by post to the PIO of the relevant department by any of the two modes: Registered Post AD: The AD card will act as proof of submission after it is returned to you by the postal department.

Who is public authority under RTI Act?

As defined in the Act, a “ Public authority ” is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government.