FIRST APPEAL BEFORE FIRST APPELLATE AUTHORITY

(UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT, 2005)

To Dated: …..
(Name & Address)

1. Background/Brief Facts leading to First Appeal:

(i) Date of RTI Application (Copy of Application attached as

Annexure A): ……..
(ii) Registration No. of RTI Application, if available with the
applicant: Not available
(iii) Date of reply received from PIO: …….
(iv) Particulars of PIO to whom RTI application was made:
The Commissioner
(Place)
(v) Brief facts leading to appeal: The applicant had demanded 7
counts of information. The PIO has denied providing
information no. 3 to 6 stating that the information requested
pertains to the third party and hence, covered under Section
8(1)(g) of the RTI Act. The PIO has falsely stated that the
information asked for pertains to the third party, whereas the
information requested for is within the purview of the
information of the concerned authority and is not concerned
with any third party.

2. Reason for Appeal being filed after a prescribed period of 30

days from date of receipt of reply of the above PIO (if applicable):
Not Applicable. The last reply was received from the office of the PIO on
……… and hence, the appeal is being filed within the prescribed period of
30 days.

3. Grounds for Appeal: The applicant had demanded 7 counts of

information. The details as requested by the applicant regarding the
details of the security personnel must have been submitted by the
employee to the recruitment authority, much before his employment in
the public authority, which became part of his service record after the
appointment. Recruitment is a public activity, which involves
participation and interest of a large number of aspirants. Under no

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 circumstances, can the details regarding the security personnel deployed
by the Govt. Authority pertain to any third party as the same is related to
public activity of recruitment and hence, provisions of Section 8(1)(g) are
not attracted in claiming exemption. An exemption can be claimed under
Section 8(1)(g) only with respect to that information which relates to
information, the disclosure of which would endanger the life or physical
safety of any person or identify the source of information or assistance
given in confidence for law enforcement or security purposes. However, in
the present case, the disclosure has a direct relationship to the
recruitment which was and is a public activity and hence, PIO erred in
claiming exemption under Section 8(1)(g) purportedly considering that
disclosure endangers the life or physical safety of the security personnel.
In view of this, the exemption claimed by PIO is wrong. The information
sought is not qualified for any exemption. Therefore, information, as
sought, is required to be supplied to the appellant.

4. Prayers or Relief sought:

I pray you to kindly:

(i) Direct the PIO to provide certified copies of complete and correct
information within 10 days from the date of the decision of the
First Appellate Authority on appeal;
(ii) Record and supply reasons for upholding the decision of PIO
and rejecting the prayers of the appellant;
(iii) The present appeal be disposed off by this Hon'ble Appellate
Authority within 30 days of its receipt as provided under
Section 19(6) of the Act.

5. Personal hearing: Applicant may be heard personally by this

Appellate Authority before deciding the appeal.

(Name)
(Place)

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applicable law.