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How to file first appeal under section 19 (1) of the RTI Act, 2005

How to file first appeal under section 19 (1) of the RTI Act, 2005 

Right to Information Act was passed by the parliament in May 2005. This act ensures the fundamental right of a citizen under article 19 of the constitution of India. The main object of the Act is to provide information. The Act provides the procedure to access the information. The Sec 3 states that, subject to the provisions of this Act, all citizens shall have the right to information. Section 4 of the Act puts a responsibility upon the public authorities to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information and to facilitate the different system to easy access of the information and to disclose all information starting from the particulars of its organisation, functions, and duties, to budget allocated to each of its agency. It shall also publish relevant facts while formatting important policies which affect public and to give reasons for its administrative or quasi-judicial decisions to affected person. Sub section 2 of section 4 of this Act says that every public authority shall take constant steps to provide information suo moto to the public. Thus the authorities have to give information voluntarily so that the public have minimum resort to use this Act. 

But in case the public authorities are not doing their work properly or not providing the information, the Act guarantees the remedy in the form of appeal. Section 19 (i) of the RTI Act, 2005 says that “any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority. 

Appeal, as remedy Sec 19 of the Act provides two tier system of appeals- first appeal and second appeal. Here we are discussing about the first appeal and procedures to appeal. 

Every public authority must designate a First Appellate Authority. This officer designated is the officer senior in rank to your PIO. First Appeal is sent to the First appellate authority of the department, who is generally a senior member of the same department, when information initially asked is not answered or insufficiently answered. First appeal can be filed 30 days after the delivery of application to the required department. In some cases when the fresh RTI application is sent to the Assistant PIO this period is extended to 35 days. If after the expiry of the required period you do not receive a reply or are not satisfied with the reply you have received you need to file a First Appeal within 30 days.

In the following mentioned situations, an appeal will have to be filed with the first appellate authority after 30 days from the date of submission of application but within 60 days of such submission.

If the PIO has not:

  • Replied to your application
  • Has provided wrong/incomplete/confusing information
  • Has misinterpreted Section 8 to refuse the provision of information to you

A second appeal can be filed to the State/ Central Information commission if the applicant is not satisfied with the action taken by the authority or if  do not receive information even after the first appeal. 

There is no specified form for filing a first appeal (but some state governments have prescribed a form). For appeal an appeal application on the blank paper addressing First Appellate Authority is required to be filed along with the copy of original application and a copy of the reply by PIO as an attachment. There is no fee for filing appeal but some states have specified fee.

The appeal may be drafted in the following format;

FIRST APPEAL UNDER RIGHT TO INFORMATION ACT, 2005

From,                                                                                                               Date…….

…………… (Name of the appellant)

…………… (Address, contact)

To,

…………. (First appellate authority)

…………. (Department0

…………. (Address)

Dear Sir,

I had filed an application for information on (…date…….) under my reference no… I am not satisfied with the PIO’s reply dated (…...). Hence this appeal. 

GROUNDS OF APPEAL

1.       I have been referred to a website by the PIO. The PIO ought to have provided the information in hard copy. How would someone who has no access to internet see your website!

2.       The information mismatched provided to the other applicant

3.       Information has been provided 3 days too late. Under section 7(6), it ought to have been provided free of cost.

RELIEFS SOUGHT

1.        The PIO be ordered to provide complete & comprehensive information free of cost.

2.      Please direct the PIO to be careful in dealing with RTI applications in future.

ENCLOSURES

1.        Photocopies of original RTI application with its enclosures, postal proof of mailing,

2.         PIO’s reply dated……………

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. 

Yours Sincerely,

…………….

(Name and signature of the appellant)

Date:

Place:

Comments
MONIKA SHARMA August 13, 2010
Its ok but there should be the ful detail of reciver
 anuj baradia December 23, 2010
nice, usefull, perfect according to law details.
 Rajesh Vora October 15, 2011
Date :8/9/2011
TO,
The Provident Fund Commissioner
341, Bhavishya nidhi bhavan,
Bandra east , Mumbai-400051



Subject: Information required under the Right to Information Act 2005
Delay in PF Transfer
I was working in Mumbai for a WIN CABLE & DATACOM PVT LTD and had my PF account MH/44288/20 at Office of Provident Fund BANDRA.
Later I joined in another private company (SCOD 18 NET WORKING PVT LTD) in Mumbai. The PF transfer request was sent by my old company to the Office of Provident Fund BANDRA on October 12, 2010 via Form No 13. But, still there is no response/updates from the PF department.
Please find below my PF details. Kindly ensure the PF amount is transferred to my new company PF Account soon.
Relevant Details:
Current employer: (SCOD 18 NET WORKING PVT LTD)
Current PF Account Number: MH/211103/00231
Previous employer: WIN CABLE & DATACOM PVT LTD
Previous PF Account Number: MH/44288/20
Details of PF office where applied: The Provident Fund Commissioner
341, Bhavishya nidhi bhavan,
Bandra east , Mumbai-400051.
PF transfer applied on Date: October 12, 2010
Other Relevant Details:
Current Company Address: SCOD 18 NET WORKING PVT LTD
Plot no 97, Marol Co Industrail Area,
Makwana , off Andheri Kurla Road,
Mumbai 400 059, India.



Particulars of information required:
1) Reasons relating to delay in transferring of PF amount / credit in my current PF account, even after a more than 13 months since the transfer application was dispatched from my previous employer?
2) By when will I get the PF transferred to my current PF account?
3) What is the normal time limit applicable for a PF Transfer from another PF office to your PF Office?
4) What will happen to the interest on the amount in question for this period?
5) send me scanned copies of the cheques that were received by new PF office's bank.
6) Day by day progress on the process of transfer of PF balance
7) Names of officers responsible for the PF balance transfer of my account
8) What action will be taken against officers causing the delay and by when?
Please let me know if you require any further details on the same.


Thanks, With Regards.
Rajesh R Vora.
204, Gajanan CHS,
Behind P.M.Shah Jwellers,
Ambadi Road ,Navghar,
Vasai West. Mumbai-402201
Rajeshvora66@gmail.com
RC/UG/11/19348unir Ph No: 9372267788.
 Patricia Maldonado January 6, 2012
Please i need help i need to appeal my case and need a hearing... this is the last day to appeal my case... Thank you
sandeep naik November 12, 2012
how i do appeal plz tell me
Vinay Kumar March 5, 2013

Dear Sir, I have filed a RTI application on date 4 Jan 2013. against of that Department has not given me the satisfactory report..the full story I have tag with my wesite www.zindagizindabad.com PHARMACIST FIGHT BACK Icon...plz do study and guide me how to appeal my contact no is 9470593530
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