SECOND APPEAL

[under section 19 (3) of the Right to Information Act, 2005]

To

State Public Information Officer/ State Assistant Public Information Officer,

Development and Panchayat Department,

Panchayat Bhawan,

Plot 3/28-A, Chandigarh.

Subject :- Second Appeal under section 19 (3) of the Right to Information Act, 2005 for not

providing the information in the prescribed time limit.

Respected Sir,

Most respectfully submitted

1. That the PIO has not provided the information to the applicant even after the First

appeal before the first appellate authority as desired by the appellant in his RTI

application due to this reason the present second appeal has been filed by the

appellant before the authority.

2. Brief Facts leading to the Second Appeal:-

i. That the applicant have not been received information from the Public

Information officer regarding the RTI application Dated 31.01.2024 which

was posted/filed on dated 01.02.2024.

before the First Appellate Authority on dated 11.03.2024. Neither any

information was given to the applicant regarding the RTI nor any order has

been passed by the authority till date, which is clearly the violation of RTI

Act 2005 intentionally and deliberately.

3. Particulars of Information

i. Nature and subject Information regarding the grant given to the village

matter of the Dachar for the development of village along with the

information required. information related to Village Panchayati Land given on

lease and the installation of submersibles by gram

panchayat. Copy of the application of RTI is attached

herewith as Annexure No. 1

ii. Name of the Office or Gram Panchayat Dachar, Tehsil Nissing, District Karnal,

Department to which 132001.

the information relates

iii. Date of RTI application 01.02.2024

to P.I.O.

iv. Date of filling of First 11.03.2024

Appeal

v. Date of receipt of the N.A./ Not Received till date.

order appealed against

4. The Grounds For Appeal:-

information or reject request for information within 30 days of receipt of request for

information. However , PIO has failed to comply with the above mentioned

provisions of the RTI Act even after the First appeal under Section 19(1) of the RTI

Act. As per the section 7(2) of the RTI Act, such action of PIO is deemed refusal of

information, hence the concern PIO have intentionally violated the fundamental right

of the applicant as well as acted intentionally violation of the Legal Provision of the

RTI Act. No order has been passed by the First Appeallate Authority till date. Hence

the Second Appeal u/s 19(3) of RTI Act 2005. Copy of First appeal is attached

herewith as Annexure No. 2.

5. Prayers or Relief Sought :-

i. Please instruct the PIO to provide the all correct information to the appellant as

per RTI application Dated 31.01.2024 which was posted on 01.02.2024 to the

applicant within 10 days from the date of design of the second appellate

authority FREE OF COST as per the RTI Act.

ii. Recommended to the authority that the penmalty should be levied on the PIO

under Sub Section 5(4), 5(5), 20(1) and 20(2) of the RTI Act 2005 for not

replying or providing the information as mandate in the law. No reasonable

cause can be there for not replying at all.

iii.That PIO has violating the provisions of RTI Act and not performing his duty

as for that the PIO is holding a responsible post as PIO and not performing his

duty hence such PIUO is not entitled for holding such post and concealing the

information to the applicant which is indicating that the such type of officers
 may be involve in corruption due to this reason they are not providing the

information to the applicant/appellant hence the departmental inquiry must be

initiate against the PIO.

iv.Any other relief as deemed fit and proper in favour of the applicant/appellant in

the interest of Justice.

v. As per Section 7(6) of RTI Act 2005

vi.As per Section 19(5) of RTI Act 2005

vii. As per Section 7(8)(i) of RTI Act 2005

viii. As per Section 20(2) of RTI Act 2005

6. Personal Hearing

It is humbly prayed that the opportunity for the personal hearing may kindly be given

to the appellant before disposing of the appeal. As per the Decision of Honble Central

Information Commision with regard to provide opportunity of Hearing to Appellant.

In the Matter of Mr. R.K. Jain Vs Department of Legal Affairs, Government of India

Registered under File No. CIC/SA/A/2014/000254, Honble Central Information

Commission has made following observations:

“14. The commission observes : passing orders in first appeal without hearing

or sending hearing notice is illegal and will render the order invalid. The

commission set aside the order of First Appellate Authority for violating RTI

Act and breach of natural justice by denying the appellant a chance of

presenting his case and by raising entirely a new defense which was never

claimed. Commission finds it deserves action though the concerned officer

retired from service and recommends public Authority to initiate disciplinary

case”

Therefore it is requested before this Hon’ble authority that the information regarding the

registration of the appeal, date of hearing of the appeal and other further information regarding

the appeal may kindly be intimated to the applicant through Email, SMS, Registered Post, in the

interest of justice.

7. Particulars of Appellant

Name :- Advocate Aakash Sharma

Address:- Chamber No. 81, Lawyer’s Chamber Complex, District Court Sector -12,

Karnal, 132001.

Contact:- 9034644081

Email :- advocateaakashsharma@gmail.com

8. Enclosures:-

i. Self attested Copy of RTI Application (Annexure -1)

ii. Postal Receipt of filling of RTI and Counterfoil of the Postal Order

iii. Self attested Copy of First Appeal U/s 19(1) of RTI Act,2005. (Annexure -2)

iv. Postal Receipt of filling of First Appeal.

9. Declarartion :-
 I hereby state that the information and particulars given above are true to the best of

my knowledge and belief. I also declare that I have not filed any other appeal

regarding the same before any authority or court except this department.

Karnal/ Date:__/__/2024 Signature of the Appellant

INDEX

Sr. No. Particulars Page No.

1. Second Appeal application form U/s 19(3) RTI Act, 2005

2. Annexure 1 Copy of RTI

3. Copy of Postal receipt of RTI to P.I.O.

4. Copy of Postal order of RTI

5. Annexure 2 Copy of First Appeal U/s 19(1) of RTI Act, 2005

6. Copy of Postal Reciept of First Appeal of RTI