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Guide: How to file First Appeal under RTI Act

Postby dheerajjain » Thu Jun 07, 2012 9:37 am

On 1001th post, I will like to highlight powers in Right to Information (RTI) Act, 2005 and how to use them effectively. Many people file RTI applications but sometimes they don't get any response and most of times answers are irrelevent and vague. What to do in these cases? Answer is to file RTI 1st appeal to appellate authority of concerned department. Some facts about First Appeal :

- Free of Cost
- Simple
- Can be done for partial responses too
- Can be done after 30 days after filing an application or date of transfer to other departments (postal delays of around 7 days can be added)
- Every Govt. website has a RTI section that provides an information on First Appellate Authority

CASE STUDY:

Friends, let us take case study of filing simple RTI appeal to PWD, Delhi office. I had filed a RTI application 2 years back on 12.05.2010 for getting information about Kalindi Kunj Expressway for connectivity to Faridabad. (Details of RTI application and final replies received are here: rti-reply-for-kalindi-kunj-expressway-posted-again-t193.html). I did not receive a reply even after 45 days. So, that became case for appeal. I went to PWD website (http://pwddelhi.com/home.aspx) and clicked on RTI link and then on point 16 to find First Appellate Authority (Chief Engineer) and his address. I then sent attached letter for appeal by speed post. To my pleasant surprise, within next 1 month, I received multiple RTI replies on my e-mails (yes!) and by registered posts to my address. Let us look at contents of appeal in detail:

1. Contains designation and address of first appellate authority. Also, name and address of appellant
2. Details of RTI application filed
3. Grounds of Appeal
4. Reliefs Sought
5. Signature of appellant
6. Enclosures (RTI application filed, copy of receivings of speed post/postal orders and other communications if applicable)

This was an example of making a simple appeal. Comments and suggestions are welcome. Happy RTI applications filing and appeals
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dheerajjain
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