HOW TO FILE FIRST APPEAL UNDER RTI

The Right to Information Act, 2005

First Appeal for Central Govt.

I. D. No_________ Date: _________ [For office use]


To,

The First Appellate Authority under RTI Act
Dept/Office___________________ REGD AD
_______________________




Sir,


As I am aggrieved by decision/no decision of Central Public

Information Officer, I hereby file this appeal for your kind decision.

1. Details of appellant

1.1 Full Name :

1.2. Full Address :

1.3 Phone/Cell No. :

1.4 Email ID :

2. Details of CPIO:

2.1 Name/Designation:

2.2 Full Address :


2.3 Name of Public Authority:



3. Details of RTI application to CPIO:

Date of Application________

Mailed on: _________

by registered/speed post No.________/hand delivery.

Date of receipt by CPIO______________

4. Particulars of payment of filing fee:

Paid Rs.10/- by bank draft/pay slip/IPO No. _________
Dated_________of_______________Bank/Post office

OR deposited cash on ____________against receipt No________

With_____________office/dept

5. Details of information sought:





6. Particulars of Decision of CPIO:

Letter reference No__________________

Date of CPIO’s Decision:_____________

Date of receipt of decision by the appellant:___________

7. Brief facts of the case:




8. Reasons/grounds for this appeal:



9 Any other information in support of appeal:



10. Prayer/relief sought for:




11. Grounds for prayer/relief sought for:



12. Personal Presence at hearing: YES / NO



13. Enclosures: Photocopies of original RTI application with its enclosures, postal proof of mailing, acknowledgement of CPIO, decision letter of CPIO.

14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with any information commission nor is pending with any Court or tribunal or authority.




Place: Date: Signature of appellant

P.S. Please refer office memorandum dated 09-07-2007 issued by DoPT, Govt. of India.



Guidelines for filing FIRST APPEAL for Central Govt. Information

1. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority [FAA].

If no reply is received within 30 days [35 days if application is lodged with ACPIO] from the date of receipt by CPIO [ACPIO], then first appeal has to be filed within 30 days from the date when reply was due from CPIO.

2. Find out name, designation and address of first appellate authority from the decision letter of CPIO. If no reply is received, visit the web-site of the govt. dept/office/undertaking and refer RTI icon for these details.

3. Despite above efforts, if you are not in a position to locate details of FAA, address your first appeal as under:

The First Appellate Authority under RTI Act 2005
C/O. Head of _______________Dept/office

and mention address of CPIO’s dept/office

4. No fee is prescribed for first appeal.

5. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature.

6. Retain one set of appeal and postal receipt and AD receipt.

7. You can deliver personally also, but mailing by regd. ad/speed post is preferable. Couriers should be avoided.

8. FAA has to decide within 30 days from the date of receipt of first appeal. You can file second appeal with Central Information Commission, New Delhi within 90 days from the date of receipt of decision of FAA or from date when it was due, if no reply is received.

9. Experience with FAA is not encouraging so far, as he belongs to the same dept/office of which information is sought. Usually FAA concurs with the CPIO. FAA is a senior officer in the office/dept of CPIO.

Thanks. Happy RTIing!

Jitendra P. Shah, Junagadh-Gujarat 09924106490
31-10-2007