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guide:applicant:second-appeal:cic [2017/11/26 14:43] – [FAQ on Second Appeal] Shrawanguide:applicant:second-appeal:cic [2023/04/15 11:47] (current) Shrawan
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 +{{htmlmetatags>metatag-keywords=(second appeal rti format) 
 +metatag-description=(The detailed guidelines on filing the second appeal. The document also contains second appeal rti format for filing RTI at Central and State Information Commission)
 +}}
 ====== How to file Second Appeal under RTI ====== ====== How to file Second Appeal under RTI ======
 {{like>}}{{tag>Second Appeal,Guide}} {{like>}}{{tag>Second Appeal,Guide}}
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 {{:guide:applicant:second-appeal:second-appeal-rti.jpg|}} {{:guide:applicant:second-appeal:second-appeal-rti.jpg|}}
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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, the appeal by the concerned third party shall be made within thirty days from the date of the order. (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, the appeal by the concerned third party shall be made within thirty days from the date of the order.
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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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 ===== 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. 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:-
 +
 +  - 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:|Right to Information Act 2005]]. Kindly follow these guidelines for filling Second Appeal at Central Information Commission under [[act:|Right to Information Act 2005]].
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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.
  
 +{{ :guide:applicant:second-appeal:second_appeal_under_rti.png |}}
 **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'ble Supreme Court in S.L.P. (C) Nos. 32768‐32769/2010 dated 12.12.2011. 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.
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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, even if processed, before the case is put up for hearing. 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.
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 ===== Website format ===== ===== Website format =====
 {{:guide:applicant:second-appeal:screen_shot_2017-07-27_at_8.35.29_am.png|}}  {{:guide:applicant:second-appeal:screen_shot_2017-07-27_at_8.35.29_am.png|}} 
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guide/applicant/second-appeal/cic.txt · Last modified: 2023/04/15 11:47 by Shrawan