Reminder for First Appeal under RTI Act

To,
___________________ [Designation]
Appellate Authority under RTI Act,
__________________________

___________________________

Subject: FIRST APPEAL UNDER RTI ACT 2005-REMINDER


I had mailed first appeal dated _____ for my RTI application dated _______, in connection with ________________.

2. My appeal has not been replied within stipulated period as yet. Thus I would have been justified in lodging complaint u/s 18 or second appeal u/s 19.3 of RTI Act. Before I lodge this complaint/appeal, I remind you to decide my said appeal at the earliest.

3. In case if I do not get decision within 15 days from the date hereof, I shall presume that you have decided to deliberately, knowingly and malafidely defy provisions of an act passed by the Parliament. I may remind you that this is a quasi-judicial duty enjoined on you in personal capacity under RTI Act. This is not just an administrative duty, which you can bunk with impunity. Your indifference is affecting my fundamental right guaranteed under article 19.1.a of Constitution of India.

4. I am sure, service rules of your dept/organization must have classified transgression of law of land and breaching fundamental rights of a citizen by public servants, as gross misconduct. By not deciding on my appeal within stipulated time frame, you are rendering yourself liable and answerable to govt/management through departmental action.

5. I am aware FAAs hardly care for decisions of Information Commissions. None the less, I invite your kind attention to following CIC decisions:

No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
No. CIC/AT/A/2008/00290 dated 17-07-2008
No.CIC/AD/A/2010/000952 dated August 18, 2010 and also
office memorandum No. 10/23/2007-IR dated 09-07-2007 of DoPT,
Govt of India, New Delhi.

6.I also draw your kind attention to the fact that you are rendering your organization/department accountable under The Consumer Protection Act 1986, since I am consumer under this act as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009 in Revision Petition Nr. 1975 OF 2005.

7. I humbly append important extract from judgement of Hon’ble SUPREME COURT OF INDIA in Lucknow Development Authority V/s. M.K. Gupta [CITATION: 1994 AIR 787 1994 SCC (1) 243 JT 1993 (6) 307 1993 SCALE (4)370}

“Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining the rule of law. “

8. Please speed up your decision in your own interest.

Yours faithfully,

_______________

Copy by UPC to:
Head of Govt. dept or organization