guide:applicant:second-appeal:cic
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====== How to file Second Appeal under RTI ====== | ====== How to file Second Appeal under RTI ====== | ||
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+ | metatag-description=(The detailed guidelines on filing second appeal. The document also contains second appeal rti format for filing RTI at Central and State Information Commission) | ||
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+ | Anybody who is unhappy or dissatisfied with the decision of the First Appellate Authority can file Second Appeal to the Information Commission at the Centre or respective States. You need to send your appeal to the relevant Information Commission in writing. | ||
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+ | For issues related to Central Government public authorities, | ||
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The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority. The section 19 is given below: | The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority. The section 19 is given below: | ||
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(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, | (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, | ||
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(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: | (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: | ||
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(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. | (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. | ||
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(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— | (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— | ||
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===== How to file Second Appeal ===== | ===== How to file Second Appeal ===== | ||
- | A second appeal or a complaint can be filed electronically on [[www.cic.gov.in]] online along with the requisite documents as per RTI Rules, 2012. The documents must be duly signed/ self-attested/ | + | A second appeal or a complaint can be filed electronically on [[http:// |
===== Guidelines to fill Second Appeal ===== | ===== Guidelines to fill Second Appeal ===== | ||
+ | A second appeal against the decision of the First Appellate Authority may be filed before this Commission within 90 (ninety) days from the date on which the decision should have been made by the FAA or was actually received. | ||
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+ | The following documents are to be submitted along with second appeal:- | ||
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+ | - a copy of the application submitted to the Central Public Information Officer; | ||
+ | - a copy of the reply received, if any, from the Central Public Information Officer; | ||
+ | - a copy of the appeal made to the First Appellate Authority; | ||
+ | - a copy of the Order received, if any, from the First Appellate Authority; | ||
+ | - copies of other documents relied upon by the appellant and referred to in his appeal; and | ||
+ | - an index of the documents referred to in the appeal. | ||
Kindly follow these guidelines for filling Second Appeal at Central Information Commission under [[act: | Kindly follow these guidelines for filling Second Appeal at Central Information Commission under [[act: | ||
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===== FAQ on Second Appeal ===== | ===== FAQ on Second Appeal ===== | ||
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The Central Information Commission (CIC) has released a set of FAQs regarding filing of Second Appeals and Complaints with it. | The Central Information Commission (CIC) has released a set of FAQs regarding filing of Second Appeals and Complaints with it. | ||
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**1. What is the format of 2nd Appeal before the Commission? | **1. What is the format of 2nd Appeal before the Commission? | ||
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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' | 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' | ||
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**6. Can a complaint be filed through e‐mail?** | **6. Can a complaint be filed through e‐mail?** | ||
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**12. Is compliance with Rule 3 (viii) of CIC (Appeal Procedure Rules), 2005 regarding verification by the appellant in case of online appeal mandatory? | **12. Is compliance with Rule 3 (viii) of CIC (Appeal Procedure Rules), 2005 regarding verification by the appellant in case of online appeal mandatory? | ||
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It is mandatory for the Registry to receive verification from the Appellant before the hearing commences. The Registry will ensure receipt of the verification, | It is mandatory for the Registry to receive verification from the Appellant before the hearing commences. The Registry will ensure receipt of the verification, | ||
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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 [[act: | 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 [[act: | ||
- | + | ===== Website format | |
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+ | ~~socialite~~ |
guide/applicant/second-appeal/cic.txt · Last modified: 2023/04/15 11:47 by Shrawan