FIRST APPEAL IF NO REPLY IS RECEIVED IN STIPULATED TIME LIMIT

If no reply is received within 40 days of mailing RTI application[ including postal time of 10 days], first appeal needs to be filed within 30 days from the date reply should have been received.

I append below format for ready use. It can also be emailed followed by hard copy by ordinary post or else it has to be mailed by registered AD /speed post. If ACPIO is available nearby, it can be delivered to him against his acknowledgement. In case if designation of appellate authority is not known you can address to ‘APPELLATE AUTHORITY UNDER RTI ACT’ and mail at the address where you had mailed RTI application. For appeal for information of any central govt. office, this appeal can be delivered to Post Master of any Head Post Office, who is designated as ACPIO for all central govt. public authorities [offices].

No fee need be paid for central govt. information. However, some State Govts. [like Maharashtra and Orissa -Rs.20 by affixing court fee stamp] have prescribed fee for first appeal which needs to be paid as per RTI rules applicable to that State. Gujarat, Karnataka, Kerala, WB, Rajasthan, Tamil Nadu, Delhi, UP, AP, Goa have not prescribed fee for first appeal. Details of state-wise rules are available at www.rti.gov.in or at
http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/.

F O R M A T
_______________________________________________________________

From:
Address:
Phone/Cell No.:


________________________________________________________________

Date: _________ By post and email


To,
__________ {Designation of FAA under RTI Act},

Name of public authority/office ____________

Address: ______________________________

Dear Sir,

Subject: First Appeal under RTI Act 2005

I had submitted enclosed RTI application dated ______ by registered /speed post / in person. I have not received reply from C/PIO within stipulated time, despite lapse of stipulated time limit under the act. Thus RTI Act 2005 is violated by C/PIO.

I humbly file this appeal for your kind decision any pray as under:

1. Please provide or order supply of information sought by me.

2. Please initiate disciplinary action under service rules against Asstt C/PIO or C/PIO or deemed C/PIO for violation of law passed by Parliament.

I quote following decisions in your own interest:

No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
No. CIC/AT/A/2008/00290 dated 17-07-2008
No.CIC/AD/A/2010/000952 dated August 18, 2010
No. CIC/AT/A/2010/000451 dated, the 18-11- 2010 [SBI]
No. CIC/DS/A/2011/000220 dated 12-05-2011
and office memorandum No. 10/23/2007-IR dated 09-07-2007 of DoPT, Govt of India, New Delhi.

Yours faithfully,

______________

Encls: Self attested RTI application with its enclosures.

________________________________________________________________



The principle that justice must not only be done but it must eminently appear to be done as well is equally applicable to quasi judicial proceeding if such a proceeding has to inspire confidence in the mind of those who are subject to it.
--SUPREME COURT OF INDIA in CIVIL APPEAL NO. OF 2010 (Arising out of Special Leave Petition (C) No.27615/08) ORYX Fisheries Private Limited ...Appellant(s)
- V/sUnion of India and others DELIVERED ON 29-10-2010