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Thursday, September 10, 2009

Second appeal/Complain format

Date:

To

Chief Information Commissioner

Central/State Information Commission

(Address/Place)


Sub: Second Appeal/Complain under Section 19/18 of the Right to Information Act 2005


S. no.

Required Information

To be filled by applicant

1.

Name and address of the appellant

2.

Name and address of the Central Public Information Officer against the decision of whom the appeal is preferred

3.

Particulars of the order including number, if any, against which the appeal is preferred

4.

Brief facts leading to the appeal

I filed an application under RTI Act, 2005 on to the PIO I got a reply from the PIO, Home Police-I/Establishment Department on stating that the information sought by me in my RTI application is exempted for disclosure U/S 8(1) ( ) of the Right to Information Act, 2005. Aggrieved I filed my first appeal on stating that the above provisions did not apply to the information sought by me in my RTI application. The First Appellate Authority in its order dated dismissed the appeal “on the grounds of non-merit of the case. Hence this second appeal.

5.

If the appeal is preferred against deemed refusal, 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

No.

6.

Prayer or relief sought

Please order the PIO to provide complete information within seven working days without charging any fee as the PIO has not provided the information within stipulated period.

As the PIO has not provided the information so far, the commission is also requested to impose a penalty under Section 20(1) of the Right to Information Act 2005 and also order for the departmental disciplinary proceedings under section 20(2) of the Right to Information Act 2005.

7.

Grounds for the prayer or relief

As the PIO has not provided the complete information so far, this appeal is filed as per section 19 of the Right to Information Act 2005. The PIO is also required to provide the information for free under section 7(6) of the Right to Information Act 2005. This Hon’ble Commission is also empowered to impose penalty and order for the disciplinary proceedings against the PIO under section 20 of the Right to Information Act 2005.

8.

Verification by the appellant

Verified the contents of this appeal on at Delhi.

9.

Any other information which the Commission may deem necessary for deciding the appeal.

Name & Address of the First Appellate Authority


Place: Delhi


Date: ( )


Index of Annexure:

1. Copy of the application under Right to Information Act, 2005 (Annexure I)

2. Copy of the receipt (Annexure II)

3. Copy of the reply received from the PIO (Annexure III)

4. Copy of reply by PIO (Annexure IV)

5. Copy of first appeal filed under Right to Information Act, 2005 (Annexure V)

6. Copy of the order of the appellate authority (Annexure VI)



Brief fact of the appeal: Order of the Appellate Authority: Annexed as Annexure 4.


Grievance against the reply of Appellate Authority: Aggrieved, I filed the first appeal on ……….. The Appellate Authority did not give any hearing in the matter.


Prayer Sought: The CPIO should be directed to provide all the information sought in the initial application within a week. and impose the penalty to PIO under section 20(1).and also under section 20(2) action will be taken against the public information officer.


Request to the Commission: I would urge that I should be intimated about each hearing at the commission. I would also like to be present in each hearing.


Verification: Verified the contents of this appeal on the ___ day of___, 2006 at Delhi.


Yours truly,


( )

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