Kindly follow these guidelines for filling Second Appeal at Central Information Commission under Right to Information Act 2005.
Along with this Article kindly find the following in .pdf format:
The Central Information Commission (CIC) has released a set of FAQs regarding filing of Second Appeals and Complaints with it.
1. What is the format of 2nd Appeal before the Commission?
The Format content of 2nd Appeal is given in Rule 3 of the CIC (Appeal Procedure) Rules, 2005; every appeal must accompany the documents listed in Rule 4 of the said Rules.
2. In case of 2nd Appeal, how many copies need to be filed and whether advance copies have to be served to FAA and CPIO?
Only one copy of the appeal is to be filed with the Commission. An advance copy of the 2nd Appeal needs to be served separately on the FAA and CPIO and the declaration to this effect is to be mentioned in the index of the documents referred to in Rule 4(iii) of the said Rules.
3. Can appeal/complaint be submitted without any format? Can an appeal be filed through e‐mail?
As per the CIC (Appeal Procedure) Rules, 2005, the appeal needs to be filed in the prescribed format as given in Appeal Procedure Rules, 2005. However, there is no format for filing of complaint. Nevertheless, in view of the Rule 7(2) of the CIC (Appeal Procedure) Rules, 2005, it is advisable that all relevant documents, with an index of the documents be filed along with the contents of the complaint.
An appeal to the Commission cannot be filed through e‐mail. However, it can be filed electronically on www.cic.gov.in online but will be heard only after the receipt of the verification in original as per Rule 3(viii) of the CIC (Appeal Procedure) Rules, 2005.
4. Can an appeal to the Central Information Commission be filed without first going to the FAA?
An appeal to the Central Information Commission is required to be filed as per Section 19 (3) of the RTI Act against the decision of First Appellate Authority and, therefore, can be filed only after the decision of FAA or after stipulated time limit for such decision by FAA, as per provisions under Section 19(3) of the RTI Act.
5. Circumstances in which a complaint can be filed directly to the Commission and what should be the contents?
The circumstances under which a complaint can be filed directly to the Commission are enumerated in Section 18(1)(a) to Section 18(1)(f) of the RTI Act. These have been further elaborated by Hon'ble Supreme Court in S.L.P. (C) Nos. 32768‐32769/2010 dated 12.12.2011.
6. Can a complaint be filed through e‐mail?
A complaint cannot be filed through e‐mail. However, it can be filed online on www.cic.gov.in including the contents as mentioned in FAQ 5.
7. Can a complaint be filed if there is no reply from the CPIO/FAA?
A complaint can be filed to the Commission if there is no reply from the Public Authority as per Section 18 © and 18(e) of the RTI Act.
8. Can an appeal/complaint filed through e‐mail, be processed/action taken without getting hard copies?
An appeal/complaint cannot be filed through e‐mail. However, they can be filed online on www.cic.gov.in. The appeals, however, will be heard only on receipt of the verification in original as per Section 3 (viii) of CIC (Appeal Procedure) Rules, 2005. In complaint cases, verification is to be submitted as per Rule 14 and Rule 15 of Civil Procedure Code.
9. Can an appeal/complaint be sent by post and receipt obtained?
An appeal/complaint can be sent by post and status of the diarization of appeal/complaint can be seen on www.cic.gov.in, after 15 days of being posted.
10. Within how many days of receipt of decision of the FAA, can an appeal/complaint be filed in the Commission?
2nd Appeal can be filed within the time limit prescribed under Section 19(3) of the RTI Act i.e. 90 days from FAA's decision. The complaint needs to be filed within a reasonable period of time.
11. Number, size and format of attachment(s) with appeal/complaint filed on line?
12. Is compliance with Rule 3 (viii) of CIC (Appeal Procedure Rules), 2005 regarding verification by the appellant in case of online appeal mandatory?
It is mandatory for the Registry to receive verification from the Appellant before the hearing commences. The Registry will ensure receipt of the verification, even if processed, before the case is put up for hearing.
13. What should be the language of the Appeal/Complaint and accompanying documents?
All correspondence to the Commission should be made either in Hindi or in English. If by any chance, the information seeker wants to send anything written in any other language, it shall be his duty to provide a translation of that text either in Hindi or in English.
14. What is the Format & documents required for filing First Appeal before the First Appellate Authority, CIC?
For hearing the first appeal, the FAA can adopt the CIC (Appeal Procedure) Rules, 2005.
15. Whether First Appeal can be filed through e‐mail?
The first appeal cannot be filed through e‐mail. However, it can be filed online on www.cic.gov.in.
16. Can a complaint lie with the Commission merely on the ground that the website of the public authority has not uploaded disclosures suo motu under section 4(1)(b) of the Act, in view of first part of Section 18 (1)(f)?
The Full Bench of the Commission has issued a directive dated 15.11.2010 under Section 19(8) (a) to the public authorities for time‐bound implementation of Section 4 obligations under the RTI Act. Any violation of this directive will be dealt with by the Commission under Section 18(1)(b) of the Act.
Created by Shrawan Pathak on 2015/07/25 08:26.
Created by Shrawan Pathak on 2015/07/25 08:26.