If the AA took additional 5 days, did he give written reasons for the time taken over and above the 30 days ?
RTIwanted --- On Tue, 12/23/08, kaza rajasekhar <[email protected]> wrote: From: kaza rajasekhar <[email protected]> Subject: Re: [rti_india] One doubt please To: [email protected] Date: Tuesday, December 23, 2008, 5:17 PM Dear Mr. Manoj Pai, Well, to explain. The applicant was not satisfied with the information given. So, he went for the appeal. The appellate authority gave his decision in 35 days after informing the applicant that he would need additional 5 days time. So, it appears that the appellate authority was acting within the spirit of the act. Thank you for the answer. Sorry for not being clear. Raja Kaza raja --- On Mon, 22/12/08, Manoj Pai <manoj...@yahoo. com> wrote: > From: Manoj Pai <manoj...@yahoo. com> > Subject: Re: [rti_india] One doubt please > To: rti_in...@yahoogrou ps.com > Date: Monday, 22 December, 2008, 8:03 PM > Seems there is a confusion. In your second sentence you have > stated "The CPIO gives him information. " You have > not specified whether the applicant was satisfied with the > information or not. There is no provision for an applicant > to file an appeal, if the requested information has already > been provided. > > 2. Section 19 makes it clear that the First Appellate > Authority has to "dispose off" the appeal within > 30 days. He is allowed additional 15 days, provided there is > sufficient cause and the matter is recorded in writing. > > If the FAA has requested for 5 days to dispose off the > appeal and did it in 5 days, then he is well within the > spirit of the act. Please note that the AA has to provide a > decision and not a reply. He is a quasi judicial authority. > > From your entire post, it appears as if the applicant wants > to file a first appeal, just for the sake of it. Also, it > appears that the applicant is not actually seeking the > information. I may be wrong, but this is how your post > conveys. > > Manoj Pai > > > > --- On Mon, 12/22/08, kaza rajasekhar > <kazapa...@yahoo. co.in> wrote: > > From: kaza rajasekhar <kazapa...@yahoo. co.in> > Subject: [rti_india] One doubt please > To: rti_in...@yahoogrou ps.com > Date: Monday, December 22, 2008, 6:28 PM > > > > > > > Dear friends, > > I have a doubt. > A person applies for information from a CPIO. The CPIO > gives him information. Aggrieved at the information, he > makes the first appeal. Now, does the appellate authority > also have to provide his reply to the appeal within 30 days? > If so, can the appellate authority, under the RTI Act, give > an interim reply to the appellant stating that the appeal is > under process due to processing and that the appeal will be > disposed within 5 days? That is, the appellate authority is > asking for 5 days time citing processing of the appeal. Is > this technically right? And, the appellate authority > disposes the appeal within his stated 5 days time. Is this > acceptable? I dont know, the appeallate authority may be > right, after all he has provided the reply within the 5 days > as he said. And, if i am right, the appellate authority can, > if necessary, can take 45 days to dispose of an appeal, is > it not? > > Please clear my doubt. > > Rajasekhar > > Kaza raja > > --- On Mon, 22/12/08, kaza rajasekhar <kazapa...@yahoo. > co.in> wrote: > > > From: kaza rajasekhar <kazapa...@yahoo. co.in> > > Subject: Re: [rti_india] New DoP&T Order on RTI > Fees > > To: rti_in...@yahoogrou ps.com > > Date: Monday, 22 December, 2008, 6:26 PM > > Dear friends, > > > > I have a doubt. > > A person applies for information from a CPIO. The CPIO > > gives him information. Aggrieved at the information, > he > > makes the first appeal. Now, does the appellate > authority > > also have to provide his reply to the appeal within 30 > days? > > If so, can the appellate authority, under the RTI Act, > give > > an interim reply to the appellant stating that the > appeal is > > under process due to processing and that the appeal > will be > > disposed within 5 days? That is, the appellate > authority is > > asking for 5 days time citing processing of the > appeal. Is > > this technically right? And, the appellate authority > > disposes the appeal within his stated 5 days time. Is > this > > acceptable? I dont know, the appeallate authority may > be > > right, after all he has provided the reply within the > 5 days > > as he said. And, if i am right, the appellate > authority can, > > if necessary, can take 45 days to dispose of an > appeal, is > > it not? > > > > Please clear my doubt. > > > > Rajasekhar > > > > Kaza raja > > > > > > --- On Fri, 19/12/08, Manoj Pai <manoj...@yahoo. > com> > > wrote: > > > > > From: Manoj Pai <manoj...@yahoo. com> > > > Subject: [rti_india] New DoP&T Order on RTI > Fees > > > To: rti_in...@yahoogrou ps.com > > > Date: Friday, 19 December, 2008, 4:42 PM > > > Greetings, > > > > > > Dept of Personnel & Training has issued new > orders > > > dated 5th December, > > > 2008 directing all Public Authorities to accept > any DD > > / > > > Banker Cheque > > > / IPO drawn in the favor of Accounts Officers. > The > > order > > > also warned > > > the CPIO that they would be penalized if they > refuse > > to > > > accept these. > > > > > > Check link to download the original orders in > full > > > > > > > > http://persmin. gov.in/WriteData /CircularNotific > ation/ScanDocume nt/RTI/10_ 9_2008-IR. pdf > > > > > > If a click on the link does not work, kindly use > copy > > and > > > paste. > > > > > > Manoj Pai > > > > > > From Chandigarh to Chennai - find friends all over > > India. Go to http://in.promos. yahoo.com/ > groups/citygroup s/ > > Be the first one to try the new Messenger 9 Beta! Go to > http://in.messenger .yahoo.com/ win/ > > > > > > > > > > > > > > > > > > [Non-text portions of this message have been removed] Be the first one to try the new Messenger 9 Beta! Go to http://in.messenger .yahoo.com/ win/ [Non-text portions of this message have been removed]
