Second appeal in rti at state information commission
Amit Joshi
(Querist) 18 May 2020
This query is : Resolved
I am Amit Joshi from Maharashtra. I have filed second RTI appeal, against non receipt of requested information, to Maharashtra state information commission (nashik bench). I have filed said appeal in online mode. Original regular application and first appeal was also filed online. Ihad self attested all the pages of appeal documents. I want ask "whether I need to physical send those second RTI appeal documents to commission ?" Website of the commission doesn't mention any such procudere about filing thereafter processing. Website is as follow: www.sic.maharashtra.gov.in
Guest
(Expert) 18 May 2020
Better send the Applications by physical format complying all the requirements etc to avoid delay and confusions
Amit Joshi
(Querist) 18 May 2020
Thank you sir for your reply. In how many set I need to send RTI second appeal documents ? One set or two or three
P. Venu
(Expert) 18 May 2020
You may submit the second appeal in duplicate.
Raj Kumar Makkad
(Expert) 18 May 2020
If site is silent about sending physical documents and your online appeal has duly been entertained, you need not send the same in physical form. All Courts, Tribunals, forums are adopting now virtual system of proceedings so as to save paper, time and energy.
Unless specifically demanded by Appellate authority, you need not to send the copy of the appeal.
Guest
(Expert) 18 May 2020
" Incorrect assumptions lie at the roots of every failure " -- Brian Tracy
Guest
(Expert) 18 May 2020
Mr.Amit Joshi -- You could send the Hard Copies in triplet complying aii the requirements like Court Fee Stamps or D/D etc as required please.
P. Venu
(Expert) 18 May 2020
To my knowledge, first/second appeals the RTI Act don't require any fee or any other payment.
Amit Joshi
(Querist) 18 May 2020
I had already paid RTI fee online which is ₹25.9/- (₹20 fee plus GST). So, as per N. J. S. Rajkumar sir, DD or court fee stamp fee is not required to be send again as it is already paid and online receipt is generated having unique id for seeing status of the appeal online. I want to as ask here is I need to send DD or court fee again? If unique id is generated for my appeal for seeing status in future, can I consider this as my application is entertained as per makked sir?
Rajendra K Goyal
(Expert) 18 May 2020
There is no need of submitting any additional fee at the time of second appeal. Enclose receipt of original RTI fee (part of postal order, copy of Bank draft etc. or receipt if received) with copy of original RTI, reply if any received, copy of first appeal, copy of reply of first appeal if any. Mention grounds of appeal in the second appeal.
You should send hard copies of all the documents with second appeal. If you have paid any such fee attach the copy of receipt.
P. Venu
(Expert) 18 May 2020
Now only you are disclosing the generation of unique id. If that is that is the case, there is no requirement to submit hard copy.
Raj Kumar Makkad
(Expert) 18 May 2020
In the light of your subsequently posted facts, it can very well be concluded that there is no requirement to sent the paperbook physically as your appeal has already been entertained sent through online.
T. Kalaiselvan, Advocate
(Expert) 18 May 2020
There is no necessity to pay fee for filing second appeal.
You will hear from authority about this.
If you prefer to send the copies of the second appeal by hard copy also, you are not prevented from doing this.
You can send the physical copies by registered post to the authorities concerned even now.
Amit Joshi
(Querist) 19 May 2020
First, I want to thanks all the expert for their kind support. Can I send physical copies later as postel services in our areas is affected due to Janta curfew and lockdown ? With covering later asking condonation of delay, as I filed online RTI 2nd appeal 2 days before last date for 2nd appeal filing which is 90 days from 30 days of no reply of 1st reply. In my case no reply is received in regular application and 1st appeal. I filed both online. And 2nd appeal is also filed online
Dr J C Vashista
(Expert) 19 May 2020
Wait for relaxation in lockdown and repoening of post office, limitation shall be extended automatically.
Rajendra K Goyal
(Expert) 19 May 2020
You said:
Can I send physical copies later as postel services in our areas is affected due to Janta curfew and lockdown ?
Reply:
You have already submitted appeal online; you can submit it later when lockdown is lifted and Dak service resumed normally. Please note to send printout of your online appeal in hardcopy. Mention the reason for delay in sending hardcopies with delay due to lockdown.
Rajendra K Goyal
(Expert) 19 May 2020
You said:
With covering later asking condonation of delay, as I filed online RTI 2nd appeal 2 days before last date for 2nd appeal filing which is 90 days from 30 days of no reply of 1st reply.
Reply:
If you have filled the online 2nd appeal before time, no need of sending condonation of delay letter. You can mention the reason of lockdown for delay in forwarding hard copy.
You said:
In my case no reply is received in regular application and 1st appeal. I filed both online. And 2nd appeal is also filed online
Reply:
You should have sent hardcopies of RTI to PIO and of first appeal to 1st appellate authority to ensure action on the same. Now takeout the print of RTI, 1st appeal and enclose with the hardcopies of 2nd appeal.
Raj Kumar Makkad
(Expert) 19 May 2020
You can definitely send, if you desire otherwise there is no such requireent on the part of the Appellate authority.
P. Venu
(Expert) 19 May 2020
To my knowledge, it is unnecessary to seek condonation of delay, The proper procedure is to submit the hard copies with a forwarding letter informing that it pertains to the appeal submitted online specifying the id number.
Amit Joshi
(Querist) 19 May 2020
Thank you all the expert. All the experts have showed great support by giving quick reply to my query. My all the queries are now resolved. So, I am assigning "Resolved" status to my query. Thanks once again.
Rajendra K Goyal
(Expert) 19 May 2020
You are welcome, may revert in case of any further question on the query.
Raj Kumar Makkad
(Expert) 19 May 2020
You are always welcome as and when required any legal help.
