FIRST APPEAL FOR STATE INFORMATION

FORMAT FOR FIRST APPEAL FOR INFORMATION OF STATE WHERE STATE RTI RULES DO NOT PRESCRIBE FORMAT FOR FIRST APPEAL

________________________________________________________

The Right to Information Act, 2005

First Appeal

Date:

By Registered AD post.

To,

The First Appellate Authority under RTI Act
Dept/Office___________________ _______________________


Sir,

As I am aggrieved by decision/no decision of 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 PIO:

2.1 Name/Designation:

2.2 Full Address :

2.3 Name of Public Authority:

3. Details of RTI application to PIO:

Date of Application________

Mailed on: _________

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

Date of receipt by PIO:______________

4. Particulars of payment of appeal filing fee:

Paid Rs. ______by Court fee stamp/non- judicial stamp/IPO/Bank

D.D.No _________

[Please refer guideline No. 4 at the end]

5. Details of information sought:

As per enclosed RTI application

6. Particulars of Decision of PIO:

Letter reference No _________________dated________

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:

A] Full and correct information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] PIO be advised to permit inspection of record, as requested by me. [if applicable]

D] I should be fully compensated for not supplying information in prescribed time limit.

E] Disciplinary action be initiated for not complying with the law against erring officers.

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, self attested decision letter of PIO [if received], Original IPO/DD for appeal filing fee.

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: Signature of Appellant

P.S. For informed decision on appeals please refer: 1. Office memorandum No. 10/23/2007-IR dated 09-07-2007 issued by DoPT, Govt. of India and 2. Decision No. CIC/AT/A/2007/01502 dated 24-10- 2008 of CENTRAL INFORMATION COMMISSION New Delhi. Thank you, Sir.


______________________________________________________


Guidelines for filing FIRST APPEAL for State Govt. Information

1. This format has to be used where State RTI Rules do not prescribe format for first appeal. State-wise details are at www.rti.gov.in. Majority of states have not mandated such form, but if it is prescribed, that form should be used. If in doubt, use the above form, which is exhaustive.

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

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

2. Find out designation and address of first appellate authority from the decision letter of PIO. 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 PIO’s dept/office

4. Some states [like Maharashtra etc] have fixed fee for filing first appeal. For state-wise amount and mode of payment of fee please refer www.rti.gov.in

5. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Self Attested’ and his 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. FAA is a senior officer in the office/dept of PIO.

Thanks. Happy RTIing!

Jitendra P. Shah, Junagadh-Gujarat 09924106490
27-03-09