guide:applicant:second-appeal:complaint
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guide:applicant:second-appeal:complaint [2018/06/02 09:10] – Shrawan | guide:applicant:second-appeal:complaint [2018/06/23 04:56] – [Mode of filing a complaint to CIC] Shrawan | ||
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- | ====== How to file a Complaint ====== | + | {{htmlmetatags> |
+ | metatag-description=(The detailed guidelines on filing second appeal complaint. The document also contains second appeal rti format for filing RTI at Central and State Information Commission) | ||
+ | }} | ||
+ | ====== How to file a Complaint | ||
+ | {{tag> | ||
+ | |||
+ | <fs 130%>RTI Act confers right to access to information held by a Public Authority on all Citizens. | ||
+ | |||
+ | <fs larger> | ||
+ | {{ : | ||
+ | ====== What is the difference between a Complaint and Appeal ====== | ||
+ | |||
+ | The second appeal under section 19 (3) of the Act is filed against an order of the FAA in a public authority or when the FAA does not make a decision within the specified time. A complaint under section 18 of the Act may be filed directly on the grounds mentioned in sub-section (1) of this section. | ||
+ | |||
+ | < | ||
+ | ===== In which cases complaint can be filed ===== | ||
+ | |||
+ | Section 18 (1) provides for making complaints to the Information Commission in the following circumstances: | ||
+ | - When an appellant is unable to submit her RTI application since no PIO or APIO are appointed, or they refuse to take the RTI application. | ||
+ | - When information is denied by the PIO. | ||
+ | - When information has not been provided in the time limit provided. | ||
+ | - Where fee in excess of that specified in the rules is being charged. | ||
+ | - When an appellant has been given incomplete, misleading or false information. | ||
+ | - Any other matter like noncompliance of Section 4. | ||
+ | |||
+ | For 2) and 3) above a provision for a first appeal is also there as per Section 19. These cases apply to the first appeal under [[act: | ||
+ | |||
+ | < | ||
+ | Hence, it would be a good practice for appellants to file complaints to the Commission for matters covered by 1), 4), 5) and 6) and file first appeals for 2) and 3). | ||
- | RTI Act confers right to access to information held by a Public Authority on all Citizens. | ||
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- | When an applicant is denied access to information by various reasons specified in Section-18(1), as enumerated below, Applicant can file Complaint directly before the Information Commission. | + | When an applicant is denied access to information by various reasons specified in Section-18(1), |
+ | |||
+ | <note tip>There is no time limit for filing | ||
+ | |||
+ | Under the complaint proceedings, | ||
When an information is denied without any reasonable cause, the applicant is entitled to invoke both the remedies - Second Appeal as well as Complaint. | When an information is denied without any reasonable cause, the applicant is entitled to invoke both the remedies - Second Appeal as well as Complaint. | ||
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+ | [[act:|RTI Act Section 18]] states that: | ||
18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person, - | 18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person, - | ||
- | * who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; | + | * who has been **unable to submit a request** to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; |
- | * who has been refused access to any information requested under this Act; | + | * who has been **refused access to any information** requested under this Act; |
- | * who has not been given a response to a request for information or access to information within the time limit specified under this Act; | + | * who has not been given a response to a request for information or access to **information within the time limit** specified under this Act; |
- | * who has been required to pay an amount of fee which he or she considers unreasonable; | + | * who has been required to pay an **amount of fee which he or she considers unreasonable**; |
- | * who believes that he or she has been given incomplete, misleading or false information under this Act; and | + | * who believes that he or she has **been given incomplete, misleading or false information** under this Act; and |
* in respect of any other matter relating to requesting or obtaining access to records under this Act. | * in respect of any other matter relating to requesting or obtaining access to records under this Act. | ||
+ | ===== Timelimit for disposal of complaint ===== | ||
+ | Receipt of second appeals/ | ||
+ | ===== Mode of filing a complaint to CIC ===== | ||
- | ====Mode | + | <fs larger>A second appeal or a complaint can be filed electronically on [[https:// |
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- | **Format & Fee ** There is no prescribed Fee and Format for submitting Complaint before Central Information Commission. | + | ===== Format & Fee ===== |
+ | |||
+ | There is no prescribed Fee and Format for submitting Complaint before Central Information Commission. | ||
- | Prepare an Index page. | + | There is prescribed fee and format for filing a complaint before some State Information Commissions. |
- | **Whom to submit Complaint: | + | However, minimum |
- | Complaints pertaining | + | All dates and events leading |
- | ---- | + | Prepare an Index page. Attach self-attested copies of all relied upon papers below complaint in sequence as per Index with page numbers. |
- | ~~AUTHORS~~ | + | ===== Whom to submit Complaint ===== |
+ | Complaint relating to Central Government public authorities including PSUs and PSBs and Autonomous bodies must be lodged with Central Information Commission, NEW DELHI. | ||
+ | |||
+ | Complaint relating to State public authorities, | ||
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+ | </ | ||
+ | </ | ||
+ | {{indexmenu>: | ||
[<>] | [<>] | ||
guide/applicant/second-appeal/complaint.txt · Last modified: 2023/04/15 11:48 by Shrawan