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Daljeet Singh   24 September 2025

Regarding additional fee extortion by faa after expiry of statutory timeline

I submitted RTI application on 9 August 2025 requesting records & information related to Moga district administration’s meetings and complaints during a specified period. This is text of application : 

Information sought for the period9 August 2024 to 9 August 2024

Requested details:

  1. Records of Meetings & Decisions

    • Copies of all official meetings (chaired by District Collector, officer-level meetings, public grievance redressal meetings).

    • Detailed minutes (date, agenda, attendees, discussions, decisions)

    • Follow-up or implementation action status on decisions taken.

  2. Complaints Against Administrative Officers

    • List of complaints received in the given period.

    • Nature and subject matter of each complaint.

    • Investigation process, status, and outcomes (including any disciplinary action).

    • Any public reports/summaries on complaint handling.

 On 11 august 2025 PIO replied this :

  • The sought information is unclear.

  • The requested data would require collection and creation of new information — under the RTI Act, only existing documents/records (where date, year, or letter number is specifically mentioned) are provided.

  • RTI does not oblige the public authority to compile and create new records.

  • Applicant is advised to specify:

    • Exact year, month, date

    • Or letter/document number
      So the relevant record can be provided.

I filed first appeal on 03 September 2025 whose text was :

Grounds of Appeal:

  1. Specific Date Already Provided: The RTI application clearly specified the date “09 August 2024” for which the records were sought.

  2. Existence of Records: The meetings and complaints for that date are recorded in official registers and files. I am not requesting the PIO to create or compile new information but only copies of existing records as maintained.

  3. PIO’s Obligation Under RTI Act: As per Section 2(f) of the RTI Act, “information” includes records, documents, memos, e-mails, minutes of meetings, orders, and reports. Providing such records does not constitute “creating” new information.

  4. Violation of Section 7(1): The outright refusal without supplying available documents for the given date is a violation of the spirit and provisions of the RTI Act.

Prayer:

In light of the above, I request the First Appellate Authority to kindly:

  • Direct the PIO to provide the requested documents as per my original RTI dated 09/08/2025 for the date 09/08/2024 without further delay.

  • Clarify to the PIO that providing existing records for a specified date does not amount to “creation” of new information.

 

On 24 September 2025 was hearing of First Appeal,

I went to first appeal hearing today, the representative of pio didn't say anything and First Appellate Authority wasn't exactly impartial. She said to me to give specific details of information required by me, I said my RTI is specific. She then asked me to give reason for asking this information I said I don't have to give reason under RTI Act and then she said supreme court guidelines says that I have to give reason. I didn't gave any reason as was my right.

Then she said to pio to collect information and ask for additional fee from me which could be around 50000 rupees (assuming she was trying to scare me) . I said as statutory timeline has passed the PIO is not entitled to ask for additional fee and the information should be provided free of cost. Then she said that I can ask for additional fee as FAA. I didn't say anything and I left the hearing along with pio. She hasn't uploaded judgement on connect punjab portal(i.e official portal for rti in Punjab). What should I do? 



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     25 September 2025

You can wait for the dispsoal  details of the first appeal. There is a timeline for disposal of the first appeal too, if the appellate authority is delaying the same beyond the timeline, you can prefer a second appeal on the same grounds. 

1 Like

Dr. J C Vashista (Advocate )     26 September 2025

You should move a second appeal before Central Information Commissioner.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 September 2025

Given the situation, here are the steps you can take:

Requesting Information Without Additional Fee - *PIO cannot demand additional fees after 30 days*: According to the RTI Act, if the Public Information Officer (PIO) fails to provide information within the stipulated 30-day period, they cannot demand additional fees.

The information should be provided free of cost.Addressing the First Appellate Authority's Decision - *File a Second Appeal*: Since the First Appellate Authority (FAA) hasn't uploaded the judgment and you're unsatisfied with the decision, you can file a second appeal with the State Information Commission (SIC) within 90 days from the date when the decision should have been made or was actually received. - *Grounds for Appeal*:

Mention the specifics of your case, including the RTI application, the FAA's hearing, and the improper demand for additional fees.

 Key Points for Second Appeal - *Specify Non-Receipt of Judgment*: Clearly state that the FAA hasn't uploaded the judgment on the Connect Punjab portal. - *Highlight Improper Fee Demand*: Emphasize that the PIO cannot demand additional fees after the statutory timeline has passed. - *Request SIC Intervention*: Ask the SIC to direct the PIO to provide the requested information without further delay and without additional fees.

Additional Tips - *Document Everything*: Keep records of all correspondence, including dates, with the PIO and FAA. - *Seek Support*: Consider consulting with a legal expert or RTI activist for guidance specific to your situation.

P. Venu (Advocate)     26 September 2025

Await the Orderd from the FAA. If no decision within time specified, you may file the second  appeal.

Sudhir Kumar, Advocate (Advocate)     07 October 2025

Agreeing with experts above, I would add that the given facts indicate the matter to be fit enough to move to CIC/SIC as the case may be, inecond appeal.

You are saying that FAA was not impartial. But the information givenby you (ifcorrect) indicates that she was rather acting like subordinate/lawyer / saviour of the PIO.

Please correct me if I am wrong. Your blog indicates that :-

 

  1. FAA agrees that the infomationexisted hence directed the PIO to collect copying fee.
  2. The FAA has beenaprised of the colume of infrmation so she is passing order for"X" (not any other figure) (@ Rs 2 per page)amount to be charged as fee.
  3. If FAA does not know the volume of information the  her orers are abritrary.
  4. If the information is not provided then you cannot be charged any feee rather cost @Rs 250/- per day of delay is to be given to you for whichthere is no budget inGovt and the expenses are to be brne by erring officer

You have to wait for the order ofFAA and in the meanwhileyou canprepapre second appeal.

Daljeet Singh   07 October 2025

Well at first she said to me not all meetings are recorded. I said that please give me a written reply that you don't record meetings. After that she asked me reason, I didn't gave any. For now, no order has been sent to me by post or rti portal; so I need to wait few more days before second appeal option enables.

Dr. J C Vashista (Advocate )     07 October 2025

The second appeal has to be filed within limitation, be aware.

Sudhir Kumar, Advocate (Advocate)     01 December 2025

You hae not received information withn 30 days and are entitled toall the copies free of cost.


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