Filing Second Appeal to CIC
I had filed an RTI application with the PIO of my local municipality to get information about the status of a road construction project in my area. The PIO replied, but the information was incomplete. I filed a first appeal with the FAA, but the order was not in my favour. Now, I want to file a second appeal with the CIC. What is the process and what are the documents required? Please help me with the format of the appeal and the fees to be paid.
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3 answersTo file a second appeal, you need to submit it to the CIC within 90 days of receiving the FAA's order. You should attach a copy of your original RTI application, the PIO's reply, the first appeal, and the FAA's order. You also need to pay the prescribed fees, which is currently Rs. 500. The appeal should be in the format specified by the CIC, which includes your name, address, and a clear statement of the grounds of the appeal. Refer to §19(3) of the RTI Act for more details.
The CIC has the power to impose penalties on the PIO under §20 of the RTI Act if it finds that the information was wrongly denied. However, this is subject to the CIC being satisfied that the PIO has wilfully denied the information. In your case, since the PIO provided incomplete information, you may want to argue that the PIO has not provided the information as required under §7(1) of the RTI Act.
The CIC will consider your second appeal and may issue a notice to the PIO to provide the complete information. If the CIC finds that the PIO has not provided the information as required, it may impose a penalty under §20. The CIC may also provide a direction to the PIO to provide the information, as per §19(8) of the RTI Act. The CIC's decision will be based on the provisions of the RTI Act, including §6(1), §7(1), and §8(1)(j).
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The CIC has the power to impose penalties on the PIO under §20 of the RTI Act if it finds that the information was wrongly denied. However, this is subject to the CIC being satisfied that the PIO has wilfully denied the information. In your case, since the PIO provided incomplete information, you may want to argue that the PIO has not provided the information as required under §7(1) of the RTI Act.
The CIC will consider your second appeal and may issue a notice to the PIO to provide the complete information. If the CIC finds that the PIO has not provided the information as required, it may impose a penalty under §20. The CIC may also provide a direction to the PIO to provide the information, as per §19(8) of the RTI Act. The CIC's decision will be based on the provisions of the RTI Act, including §6(1), §7(1), and §8(1)(j).
To file a second appeal, you need to submit it to the CIC within 90 days of receiving the FAA's order. You should attach a copy of your original RTI application, the PIO's reply, the first appeal, and the FAA's order. You also need to pay the prescribed fees, which is currently Rs. 500. The appeal should be in the format specified by the CIC, which includes your name, address, and a clear statement of the grounds of the appeal. Refer to §19(3) of the RTI Act for more details.
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