RTI Second appeal

You can make a separarte application for the document that has not been provided. You also have the option seeking inspection of the concerned file and applying for copies are thereafter.

There are three issues involved in the query:

1. The applicant has to seek information providing full details of documents required from SPIO and after filing RTI Application, he can not add some more in the first appeal.  This is not proper.  When an applicant has solicited a copy of complaint registered, he should send that set which was received.  An applicant can seek that information which is in custody of the SPIO and when the SPIO makes a statement on the record that POA was not received.  The case ends there.

The First appeal should have been on grounds of incomplete and misleading information pointing out that POA was mentioned but not provided.   This also by providing sufficient opportunity to SPIO to trace and confirm it's availability. Definitely there was discrepancy in that PS and it is highly irregular.

2. There must be some relationship in between such POA and complaint.   Without having such POA copy the complaint lacks validity.  POA is not a third party document.   POA has not submitted the same directly to SPIO.   Even in case of third party, a procedure of calling for his comments was stipulated in RTI Act, and only when that specific person states such reasons for not providing to the appellant, then only SPIO can decide.  Final discretion, depending on merits is left to SPIO.

The FAA is performing a quasi-judicial authority and he has to decide on actions of SPIO and can not further perform his subordinate duty by inventing his own reasons without justifications for denial of information.  FAA duty is only to judge as to whether the grounds stated by the appellant are true or not.

3.Once a decision was delivered by CIC it is final in RTI and further remedy is only through writ and one has to spend huge amounts, time and energy in High Court.  Per contra, another Fresh  RTI Application can be made to same SPIO as follows.

The subject on the information sought:  on the information sought earlier by .............................against complaint on him.   The complaint states of enclosing the copy of POA but POA not received with the complaint.

Information solicited:

1. Please provide an action taken by authorities when the copy of GPA said to have been enclosed to the complaint was not received and provide Certified copies such note, correspondence etc., recording nonreceipt and correspondence made with the complainant as such note was not present on a copy of the complaint.

2. Please inform whether the complaint is a valid  complaint without obtaining such POA copy and without comparing such original with a copy with due attestation 

3. Please provide me the certified copy of POA now on record as this is not a third party record and if SPIO considers that as third party record, SPIO may follow laid down procedure of calling comments from that third party.

(All this if only that POA makes any difference in solving your problem and brings any logical conclusion to issue, otherwise do not make RTI correspondence to trouble someone out of personal ego)