जि.प. शाळा सिद्राममळा च्या ब्लॉगवर आपले सहर्ष स्वागत ……….

माहिती अधिकार

Affix 20 rupees Court fee stamps.            Annexure “C”
See Rule 5 (2)                       
Second appeal under Section 19 (3) of the Right To Information Act, 2005
From :
To,
The Chief Information Commissioner,
New Administrative Building, 13th Floor,
Opp. Mantralaya, Mumbai 400032.

1. Full name of the Appellant:
2. Address:
.
3.   Particulars of the State Public Information Officer.:
4.Particulars of the First Appellate Authority:
5. Date of Receipt of order appealed against:
6. Last date for filing appeal:                                      
7. The grounds of appeal:  Remedies sought:
  1. Please ask the PIO to provide the information.
  2. Please penalize PIO as per the provisions of the Act.
  3. Also please reprimand the Public authority for such blatant disrespect for the law.
8.Particulars of information-
(i) Nature and subject matter of the information required:
 (ii) Name of the office or Department to which the information relates :
        .
Place:
Date:
                            
                                                                                                   Signature of Appellant
Encl.: Copies of :
           1. Annexure A.
     2.  Annexure B.
    3. Copy of acknowledgements

Note: In italics, my suggestion of what you could write. The rest is the format.

For Central government bodies there are no fees for appeals.

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RULES
Appeal or Complaint should be typed with double spacing.
8. Contents of appeal or complaint:- (1) An appeal or a complaint to the
Commission shall contain the following information, namely:-

(i) name, address and other particulars of the appellant or complainant, as
the case may be;

(ii) name and address of the Central Public Information Officer (CPIO) or
the Central Assistant Public Information Officer (CAPIO) against whom a
complaint is made under Section 18 of the Act, and the name and address of
the First Appellate Authority before whom the first appeal was preferred
under Section 19(1) of the Act.

(iii) particulars of the decision or order, if any, including its number and
the date it was pronounced, against which the appeal is preferred;

(iv) brief facts leading to the appeal or the complaint;

(v) if the appeal or complaint is preferred against refusal or deemed
refusal of the information, the particulars of the application, including
number and date and name and address of the Central Public Information
Officer to whom the application was made and name and address of the First
Appellate Authority before whom the appeal was filed;;

(vi) prayer or relief sought;

(vii) grounds for the prayer or relief;

(viii) verification by the appellant or the complainant, as the case may be;
and

(ix) any other information which may be deemed as necessary and helpful for
the Commission to decide the appeal or complaint.

(2) The contents of the complaint shall be in the same form as prescribed
for the appeal with such changes as may be deemed necessary or appropriate.

9. Documents to accompany appeal or complaint:-

Every appeal or complaint made to the Commission shall be accompanied by
self attested copies/photo copies of the following documents, namely:-

(i) The RTI application submitted before the CPIO along with documentary
proof as regards payment of fee under the RTI Act;

(ii) The order, or decision or response, if any, from the CPIO to whom the
application under the RTI Act was submitted.

(iii) The First appeal submitted before the First Appellate Authority with
documentary proof of fling the First Appeal.

(iv) The Orders or decision or response, if any, from the First Appellate
Authority against which the appeal or complaint is being preferred;

(v) The documents relied upon and referred to in the appeal or complaint;

(vi) A certificate stating that the matters under appeal or complaint have
not been previously filed, or are pending, with any court or tribunal or
with any other authority;
 (vii) An index of the documents referred to in the appeal or complaint; and

(viii) A list of dates briefly indicating in chronological order the
progress of the matter up to the date of filing the appeal or complaint to
be placed at the top of all the documents filed.
 10. Service of copies of Appeal/Complaint

Before submitting an appeal or complaint to the Commission, the appellant or
the complainant shall cause a copy of the appeal or complaint, as the case
may be, to be served on the CPIO/PIO and the Appellate Authorities and shall
submit a proof of such service to the Commission.

Provided that if a complainant does not know the name, address and other
particulars of the CPIO or of the First Appellate Authority and if he
approaches the Commission under Section 18 of the Act, he shall cause a copy
of his complaint petition to be served on the concerned Public Authority or
the Head of the Office and proof of such service shall be annexed along with
the complaint petition.
.


Appeal to be typed with double spacing. One set to be sent to CPIO and one to Appellate Authority. Send two copies of Second Appeal/Complaint to Information commission. Giving below a format for convenience. 
Appeal/ Complaint under Section 18 /Second Appeal under Section 19 of the RTI Act 2005
To,
The Central Information Commission,
Club Building, Old JNU Campus, New Delhi - 110 067. Phone:26761137, 26105041

  1. Name of appellant/complainant:
  2. Address:
  3. Name and address of CPIO:

  1. Name and address of Appellate Authority:

  1. Particulars of the decision or order, of the PIO if any, including its number and
    the date, against which the appeal is preferred:

  1. Particulars of the decision or order, of the PIO if any, including its number and
    the date, against which the appeal is preferred:
  2. Brief facts leading to the appeal or the complaint;
  3. If the appeal or complaint is preferred against refusal or deemed
    refusal of the information, the particulars of the application, including
    number and date and name and address of the Central Public Information
    Officer to whom the application was made and name and address of the First
    Appellate Authority before whom the appeal was filed;
  4. Relief sought;
  5. Grounds for relief;
  6. Verification by the appellant/complainant, as the case may be: I hereby verify that all the information given above.


Place:
Date:                                         
                                                                         Signature of complainant/appellant.
Make an index and chronology of events put it all together and number the pages.
Here is an example from one of my second appeals:

                                                                                                             Page no.
  1. Index                                                                                                     
  2. Second Appeal                                                                                
  3. The RTI requisition submitted to the CPIO:                                   
  4. Decision from CPIO dated        /or proof of receipt of RTI application by PIO.                                                      
  5. Copy of first Appeal dated                                                                                                                            
  6. Copy of Appellate Order   dated            / or proof of receipt of appeal by AA.                                            
8. Other Documents relied upon:
9.Certificate that matter is not before any tribunal or Court: . 
  1. Chronology of the events.                                                           
  2. Service of copy of appeal to
          PIO and Appellate Authority:                                              
       With proof of receipt  attached
                                                                                           Signature
Chronology of events in this appeal:
  1. RTI application filed – on              (date),    received by CPIO on              (date) .
  2. Order of CPIO recd. On            . (date)  /Or no order received in 30 days.
  3. First Appeal filed on                (date) recieved by AA on         (date).
  4. Appellate Order received on               (date)/ Or no order received 
       5. Present Second appeal filed -     (date)

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Standard  Application Format                                      Appendix A
                                                                         (see Rule 3)
To                                                                                        Affix 10 rupee Court fee stamp.
The Public Information Officer,

( Designation and address of the concerned office)
1. Full name of Applicant:
2. Address:
3. Particulars of Information required:
(i) Subject matter of information:
(ii) The period to which information relates: Current.
(iii) Description of Information required:

I had made an application/complaint for the following reason (copy of application/complaint is

attached) but no satisfactory action has been taken on my application so far.
Please provide the following information with respect to the same:
a) Please indicate the progress made on my application so far. i.e. when did my application reach which officer, for how long did it stay with that officer and what did he/she do during that period?
b) Please give the names and designations of the officials who were supposed to take action on my application and who have not done so?
c) If the file has been with any official for more than seven working days,- which is in contravention of Section 10 (1) of Act XXI of 2006, detail of action initiated against him under Section 10 (2) of the Act.(Maharashtra).
d) Please give a list of applicants for         during the last          months, giving names, date of application and date on which                        was issued.
(iv) Whether information is required by post or in person: Post
(v) In case by post: Ordinary, registered or Speed post): Speed Post
(4.) Whether applicant is below poverty line: Not applicable
(if so attach photocopy of below poverty line card.
Place:
Date:

                                                                               Signature of applicant.

Note:
In italics-suggested for typical cases, like non-reciept of ration card, passport, pension etc.
(Please affix 10 rupee court fee stamp for Maharashtra Govt. bodies;
For Central Govt. Bodies you can give the application fee of Rs.10/ by attaching an Indian Postal Order, which is available at most Post Offices. In the space for pay to….. leave it blank. Put your name and address in the space for Sender.)

Questions for say non-receipt of rations, kerosene etc.:
I want the following information about …… dealer, registration no.     address…..:
  1. In the last two/one months how much kerosene/grains were supplied to the dealer.
  2. A Xerox copy of his register, showing how much was sold by him to which consumer.
Note: Under Section 2 (f), “information relating to any private body which can be accessed by a public authority under any other law for the time being in force;” has to be given by you.
First Appeal Format when no reply received in 30 days. Must be made within 60 days of receipt of RTI application by PIO.         
                      Appeal under RTI Act 2005
                                Annexure B                                         Affix Court fee stamp Rs. 20/
                                See Rule 5 (1)
Appeal under Section 19 (1) of the Right To Information Act 2005
From.. :
(Appellant’s name and address)
To: First Appellate Authority
C/o Public Information Officer,

1.      Full name of the Appellant:
2.      Address:

3.      Particulars of the State Public information officer: PIO, Dept, Address
4.      Date of receipt of the order appealed against: Not received.
5.      Last date for filing the appeal:                                 (60 days from application date).
6.      The grounds for appeal: In my requisition for information dated                   , I had asked for the information, as per the copy enclosed. This has been received by the PIO on
Though the mandated period of 30 days is over, the PIO has sent no reply, which is violative of my fundamental right and contravenes the law.
Relief Sought: a) Please instruct the PIO to give the information forthwith.
b)Recommend to the State Information Commission that a penalty should   
Levied on the PIO under Section 20 (10) of the Act 22 of 2005, for not providing the information as mandated in the law. No reasonable cause can be there for not replying at all.
7.Particulars of information-
     a.)Nature and subject matter of the information required: .

      b.)  Name of the office or department to which the information relates: .
Place:                                                                                          
Date:                          
                                                                            
         
                                                                          
                                                                                              Signature of appellant
Enclosed: Copy of RTI application of with proof of receipt by PIO.
Since it is the PIO’s responsibility to inform me of the particulars of the appellate authority as per

Section 7 (8) (iii), and he has not done so, it is his responsibility to forward it to the First Appellate Authority


Note: In italics, my suggestion of what you could write. The rest is the specified format.
For Central government bodies there are no fees for appeals.


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