After CIC How to Approach in RTI

M. Munikrishnan (Bank Executive (Retired)) 21 April 2011

Mr KNK pl post this in rti.org forum. As RTI India forum is very active, you will get response immediately. But pl furnish all relevant details therein for proper advise.

M. Munikrishnan (Bank Executive (Retired)) 22 April 2011

On your behalf, I have already posted your query in RTI india. Several useful response is received. Pl refer to https://www.rtiindia.org/forum/71473-rti-help-what-action-taken-if-there-no-response-public-information-officer-first-appellate-authority-cic-new-post.html

I am reproducing one such message of Mr Karira hereunder

Re: what action to be taken if there is no response from Public Information Officer/First Appellate Authority/CIC

Originally Posted by munikrsn

This query posted by one KNK in legal forum is reproduced here for necessary advise of forum members.
Under RTI Act Section 7(1), i applied to Police Krishna District Andhra Pradesh to get the information about the investigation details, But they didnt responded, After 10 days i again applied for 1st Appeal and no response. Then after a week, i applied Second Appeal thru https://rti.india.gov.in/ Website and waiting for the response. i heard it may take some months time to come for hearing. How can I get the investigation details immediately since its the issue of life and liberty.

Can i approach the Andhra Pradesh CIC even after filing thru the RTI.india.gov.in website?

Can i approach court to get the details, if so how?

The applicant has followed the wrong procedure.

1. RTI application and wait 30 days
2. If no reply, then file first appeal within 30 days (after waiting for 30 days in item no. 1 above).
3. First Appellate Authority has 45 days to decide order.
4. Wait for 45 days and if no order from First Appellate Authority, he has to file second appeal within 90 days (after the 45 days wait).

From your post it appears that the applicant has not waited for the prescribed periods

The other mistake is that AP Police is a PA under the State of AP - and not the Centre.
Second Appeal will lie with the APSIC in Hyderabad and not the CIC in New Delhi.
The website https://rti.india.gov.in/ is ONLY meant for lodging second appeals and complaints with CIC.
The applicant has incorrectly filed the second appeal.

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If the time process has been followed correctly, the applicant can wait till the matter comes up in the CIC and they realise the mistake and send the second appeal to the State Information Commission. That will take about a year and then another 18 months in the APSIC - total about 2.5 years.

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If there is urgency to get the information, then it is better to start the whole process once again by filing a new RTI application.
The application has to be as per the RTI Rules and Fees for AP, as available in the Guide section: https://www.rtiindia.org/guide/index.php

KNK A Learner (Learning to share) 25 April 2011

Hi,

What if the issue is of Life and Liberty Under Section 7(1) of RTI ACT 2005 which is suppose to get the response within 48 hours. Since the issue relates to Life and Liberty, i waited for some time and applied 1st and 2nd Appeal. Can you please guide me the procedure for Life and Liberty

Thanks,