SECOND APPEAL/COMPLAINT FOR STATE INFORMATION

The Right to Information Act, 2005

Appeal/Complaint before

STATE INFORMATION COMMISSION


To,
State Chief Information Commissioner
State Information Commission, ________State
________________________________________

________________________________________

As I am aggrieved by decision/ NO decision of Public

Information Officer and/or First Appellate Authority, I hereby

file this appeal/complaint for your kind decision.

1. Details of appellant/complainant

1.1 Full Name:

1.2. Full Address:

1.3 Phone/Cell No.:

1.4 Email ID:

2. Details of PIO:

2.1 Designation:

2.2 Full Address:

2.3 Name of Public Authority:


3. Details of First Appellate Authority [FAA]:

3.1 Designation of the FAA:

3.2 Full Address of FAA:

4. Dates of RTI application/first appeal:

4.1 To CPIO: ________ & mailed on: _________

4.2 To FAA: ________ & mailed on: _________

5. Particulars of Decisions:

5.1 Reference No & Date of PIO’s Decision:

5.2 Reference No & Date of FAA’s Decision:

5.3 Date/s of personal hearing by FAA:

6. Dates of receipt of replies by appellant/complainant from:

6.1 PIO:

6.2 FAA:

7. Details of information sought:

as per enclosed RTI application.

8. Brief facts of the case:

9. Reasons/grounds for this appeal / complaint:

10. Any other information in support of appeal/complaint:

11. Prayer/relief sought for:

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

B] 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] Penalty as per RTI Act be imposed on PIO.

E] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

F] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.

I] The hon’ble Commission be pleased to pass such other orders as deemed fit in the interest of justice and spirit of RTI.

12. Grounds for prayer/relief sought for:

13. Personal Presence at hearing: YES / NO

14. Payment of fee [ if prescribed in State RTI Rules] :
Fee of Rs. ____for filing second appeal/complaint is paid as under:

IPO/Bank DD No.________/court fee stamps/non-judicial stamps

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 this commission nor is pending with any Court or tribunal or authority.


Place: Date: Signature of appellant/complainant




INDEX OF APPEAL/COMPAINT
of Mr._________________ dated ________with SIC

Particulars Page Sr. No. from/ to

1. Original second appeal/complaint

2. Chronology chart

3. Copy of RTI application dtd____
with its enclosures.

4. Copy of proof of mailing RTI application

5. DD/IPO/PS/Cash receipt for filing fees
and other charges.

6. Copy of first appeal dtd.____ with its enclosures

7. Copy of proof of mailing first appeal

8. Postal A.D. card/Acknowledgement letter,
received from PIO & FAA

9. Copy of decision of PIO dated________

10 Copy of decision of FAA dated________

11. Proof of mailing complaint/second
appeal to PIO and FAA

12. Other documents in support:

13. Index

Signature of appellant/complainant

CHRONOLOGICAL CHART OF RTI APPLICATION

of Mr.__________________________ dated ________

Action Date

1. Application mailed to APIO/PIO on

2. Application received by APIO/PIO on

3. Date of receipt of letter for paying charges

3. Date of remitting charges to PIO

3. Date of decision of PIO

4. Date of receipt of decision of PIO
by appellant/complainant

5. First appeal mailed to FAA on

6. Date of receipt of appeal by FAA

7. Date/s of personal hearing by FAA

8. Date of decision of FAA

9. Date of receipt of decision of FAA
by appellant/complainant

10. Date of Second Appeal/complaint

11. Date of mailing copy of second
appeal/ complaint to PIO & FAA

12. Date of mailing Second Appeal /complaint to SIC

Signature of appellant/complainant

Guidelines for filing second appeal/complaint with SIC

1. Few state information commissions [SIC] have prescribed format for second appeal or complaint. Please check from www.rti.gov.in for state-wise details. If format is prescribed, please use the same. Otherwise above form can be used.

2. l in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.

3. Get one photocopy of:
• Original application under RTI with its enclosures
• First appeal with its enclosures
• Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee and other charges
• Copy of demand letter of PIO for charges if any
• Postal proof of mailing original application and first appeal
• Postal AD slips received from PIO and FAA [if received]
• Decisions of PIO and FAA if received.

4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint.

5. Prepare additional four sets as above by photocopying.

6. Sign each page of appeal, index and chronology chart [all five sets].

7. Self attest all the photocopies by signing under the word “Self Attested”

8. Send one set by UPC post to each of PIO and FAA and attach photocopy of UPC of mail to original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart.

9. Mail original set and one extra copy of set by Speed AD to the commission. Address can be had from www.rti.gov.in

10. Email to SIC. Details can be obtained from website of concerned SIC, by visiting www.rti.gov.in.

11. Retain one set for your record and reference, with proof of mailing and AD received from SIC/PIO/FAA for having received second appeal/complaint.

12. Track progress of your appeal/complaint by visiting tracking system at the website of SIC.

13. Speed post can be tracked and copy of delivery details can be downloaded from www.indiapost.gov.in. Please retain these details for further reference to SIC.

14. Few states have mandated small fee for second appeal. Please visit RTI Rules of the state by referring to www.rti.gov.in and pay the same. Fill in details of payment in the above format.

Note: Unless you are well versed with RTI, it is advisable to consult local NGO/RTI activist for filing first or second appeal to have better result. Services are normally free.

Thanks. Happy RTIing!

Jitendra P. Shah, Junagadh-Gujarat. 09924106490
27032009


“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.