[Vikalp]

Hello, I have a question regarding RTI (Right To Information).

I had filed an online RTI query in August 2023 pertaining to my city's DM's office, but I haven't heard anything from them. Filed first appeal too, after 45 days of not receiving any reply, but to no avail. What are my options now?

Thanks.

[Swapnil4585]

Originally Posted by Vikalp

Hello, I have a question regarding RTI (Right To Information).

I had filed an online RTI query in August 2023 pertaining to my city's DM's office, but I haven't heard anything from them. Filed first appeal too, after 45 days of not receiving any reply, but to no avail. What are my options now?

Thanks.

Remind them vide the email or phone provided on the RTI Status about your query.

Appeal will not be entertained unless your original application is disposed.

[Vikalp]

Originally Posted by Swapnil4585

Remind them vide the email or phone provided on the RTI Status about your query.

Appeal will not be entertained unless your original application is disposed.

Already reminded them twice via email, but the mail wasn't even opened (tracked via mailtrack) and the number of the official doesn't work.

[Swapnil4585]

Originally Posted by Vikalp

Already reminded them twice via email, but the mail wasn't even opened (tracked via mailtrack) and the number of the official doesn't work.

Take it to the PG Portal with accurate references. I am sure it can get sorted from there, albeit it may take another 30 odd days.

[Vikalp]

Originally Posted by Swapnil4585

Take it to the PG Portal with accurate references. I am sure it can get sorted from there, albeit it may take another 30 odd days.

But on PGPortal, when we go to lodge a grievance, it is mentioned that anything related to RTI matters cannot be treated as grievance.

List of subjects/topics which can not be treated as grievance.

• RTI Matters
• Court related / Subjudice matters
• Religious matters
• Suggestions

So basically we cannot raise a complaint related to RTI matters?

[Swapnil4585]

Originally Posted by Vikalp

So basically we cannot raise a complaint related to RTI matters?

In that case, you can rephrase the grievance.

"Public Authorities, who are time bound in responding to RTI matters, are not answering the queries within the prescribed time. What can be done to mandate them to answer the queries or at least respond the applicant on the status? (Then as a reference, cite your case details)".

If you are not comfortable to go the PG Portal way, I suggest you find some alternate contact number of the DM Office from Google and then contact them.

[Vikalp]

Originally Posted by Swapnil4585

In that case, you can rephrase the grievance.

"Public Authorities, who are time bound in responding to RTI matters, are not answering the queries within the prescribed time. What can be done to mandate them to answer the queries or at least respond the applicant on the status? (Then as a reference, cite your case details)".

If you are not comfortable to go the PG Portal way, I suggest you find some alternate contact number of the DM Office from Google and then contact them.

Thanks, will try finding an alternate contact first or might go there in person myself before raising grievance on PG portal.

[Fuldagap]

Originally Posted by Vikalp

Hello, I have a question regarding RTI (Right To Information).

I had filed an online RTI query in August 2023 pertaining to my city's DM's office, but I haven't heard anything from them. Filed first appeal too, after 45 days of not receiving any reply, but to no avail. What are my options now?

Thanks.

I believe you can go for 2nd appeal via CIC webportal if not already done so.
Here is the link.

https://dsscic.nic.in/online-appeal-...ealapplication

Please refer to FAQs. Serial no. 24 onwards are relevant in this case.
https://cic.gov.in/faqs

[Vikalp]

Originally Posted by Fuldagap

I believe you can go for 2nd appeal via CIC webportal if not already done so.
Here is the link.

https://dsscic.nic.in/online-appeal-...ealapplication

Please refer to FAQs. Serial no. 24 onwards are relevant in this case.
https://cic.gov.in/faqs

Thanks, will file an appeal at CIC too. I need to attach PDF's of original RTI and first appeal there.
Lets see what happens.

[Swapnil4585]

Originally Posted by Fuldagap

I believe you can go for 2nd appeal via CIC webportal if not already done so.
Here is the link.

Appeal cannot be filed unless the application is disposed of. I believe, Vikalp's original RTI is pending disposal. And I have experienced that applications are not decided in reasonable time which bars the applicant from preferring appeals.

[Fuldagap]

Originally Posted by Swapnil4585

Appeal cannot be filed unless the application is disposed of. I believe, Vikalp's original RTI is pending disposal. And I have experienced that applications are not decided in reasonable time which bars the applicant from preferring appeals.

As substantial amount of time has since passed with 'no reply', I reckon as per rules he will be able to file the 2nd appeal. Please see the screenshot below:



If 90 days have already passed after a waiting of 45 days of the time of filing of 1st appeal then he might not be allowed to file a 2nd appeal.

Let's see how it goes for him.

[tikku.dk]

Originally Posted by Swapnil4585

Appeal cannot be filed unless the application is disposed of. I believe, Vikalp's original RTI is pending disposal. And I have experienced that applications are not decided in reasonable time which bars the applicant from preferring appeals.

Hi. The above quoted is contrary to the Statute's Section 19(6) of the Right to Information Act, 2005. Appeals( first or second ) has to be disposed within 30 days from the date of receipt of Appeal, not exceeding a total of 45 days. As per OP's comment, I get that he has to file a separate delay condonation application for filing second appeal, as the limitation period for second appeal is 90 days. So it has to be 45 + 90 days and the delay has started from the 90th day onwards till filing of second appeal. Correct me if I'm wrong

[Swapnil4585]

Originally Posted by tikku.dk

Hi. The above quoted is contrary to the Statute's Section 19(6) of the Right to Information Act, 2005. Appeals( first or second ) has to be disposed within 30 days from the date of receipt of Appeal, not exceeding a total of 45 days. As per OP's comment, I get that he has to file a separate delay condonation application for filing second appeal, as the limitation period for second appeal is 90 days. So it has to be 45 + 90 days and the delay has started from the 90th day onwards till filing of second appeal. Correct me if I'm wrong

We do not have a decision in our hand in the first place against which we can prefer an appeal - either first or second.

From my experience, in such an unanswered RTI, the best way to extract the desired information is to contact the concerned Office via phone and email, and if need be, file another RTI on same issue.

[dhruvagarwal]

Hello All,
Seeking guidance from a Chartered Accountant.

I'm presently on the New Tax Regime with business income in the 23-24 FY. I had some salary income too in previous FYs.

I'm planning to take on an education loan for an MBA. Is it possible to shift back to the Old Regime, so that I can avail tax benefits on the interest paid? If yes, please mention how.

I'm asking because I couldn't find sufficient information on the internet. Every site mentions that it is not possible for an individual with business income to migrate back to old regime.

Thanks in advance.

[tikku.dk]

Originally Posted by Swapnil4585

We do not have a decision in our hand in the first place against which we can prefer an appeal - either first or second.

From my experience, in such an unanswered RTI, the best way to extract the desired information is to contact the concerned Office via phone and email, and if need be, file another RTI on same issue.

Hi. Swapnil. RTI is a beneficial legislation intended for a prudent man" Inaction " is also a deemed refusal, in the above case his original RTI application and First appeal is deemed to be refused with no grounds. He can prefer a second appeal with no doubt. When a Stature mandates a timely disposal, and the competent authority failed to do so, it amounts to inaction and rights of information seeker is violated and can be challenged. RTI Act. S. 19(6) is crystal clear. . The inaction of both the CPIO and the first appellate authority should be penalized under 20(3) of RTI Act.