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Rti

(Querist) 28 June 2014 This query is : Resolved 
Respected Sir/madame
I had put a query with RTI act 2005 in Gujarat to executive magistrate,at same time i had put the same query to Deputy Collector,Collector and commisioner of the related department,as i had received the reply from executive magistrate,which is not satisfactory reply.As i had not received any reply from Deputy collector,collector and commissioner of the related department.As the grace period of 30 days has been passed away,my query is that is it now i can directly appeal to Gujarat Information commission or i have to make first appeal to the superior officer??
M.Sheik Mohammed Ali (Expert) 28 June 2014
you should apply first appeal front of the appellant. thereafter you go to commissioner
J. P. Shah (Expert) 28 June 2014
You need to file first appeal in case where reply is not satisfactory and also in cases where there is no reply within 30 + 10 days postal time. Non reply amounts to deemed denial.
Dr J C Vashista (Expert) 29 June 2014
Did you file same application to all the authorities enclosing application fees of Rs. 10/- separately or singly to the Executive Magistrate?
If only to the EM, you have already received the reply, can move in First appeal if dissatisfied with information provided. Otherwise, each application is registered separately and every PIO/CPIO shall have to reply, if not, move First appeal before FAA individually and separately.
Nadeem Qureshi (Expert) 29 June 2014
First of all you have to file First appeal before appellate authority after that you can file an appeal before State information commission otherwise not.
Rajendra K Goyal (Expert) 29 June 2014
Agree with the experts.
malipeddi jaggarao (Expert) 29 June 2014
In one case, you received reply and not satisfied 30 days are over -

You have to file appeal with the first appellate authority giving reasons for condoning the delay in filing the appeal. Without filing first appeal, you cannot directly file second appeal.

In other, you have not yet received reply -
You can file first appeal directly to the first appellate authority stating that you did not receive any reply though 30 days. The following is the relevant section in RTI Act:
7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.
Naeem (Querist) 29 June 2014
thanx to all for the information
T. Kalaiselvan, Advocate (Expert) 30 June 2014
I agree with the opinions rendered by experts, nothing more to add.
Raj Kumar Makkad (Expert) 30 June 2014
I do agree with the experts.


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