guide:applicant:second-appeal:complaint
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guide:applicant:second-appeal:complaint [2018/06/23 03:39] – Shrawan | guide:applicant:second-appeal:complaint [2018/06/23 04:04] – Shrawan | ||
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- | ===== In which cases complatint | + | RTI Act confers right to access to information held by a Public Authority on all Citizens. |
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+ | When an applicant do not receive a decision on his RTI Request within 30 days or is aggrieved by the decision, applicant can prefer an Appeal under Section-19(1) and further appeal under section-19(3) before the Information Commission within time limit. In such an appeal, the applicant can seek relief to supply information by PIO. | ||
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+ | ===== In which cases complaint | ||
Section 18 (1) provides for making complaints to the Information Commission in the following circumstances: | Section 18 (1) provides for making complaints to the Information Commission in the following circumstances: | ||
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- | For b) and c) above a provision for a first appeal is also there as per Section 19. These cases apply to the first appeal under s. 19 since it applies to both non-decisions and any decision of a PIO. Most Commissions do not entertain an appeal in this matter until the first appeal has been made. Hence, it would be a good practice for appellants to file complaints to the Commission for matters covered by a), d), e) and f) and file first appeals for b) and c). | + | 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: |
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+ | 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), |
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+ | <note tip>There is no time limit for filing | ||
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+ | 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. | ||
- | ====Mode and Method of Complaint==== | ||
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- | **Format & Fee ** There is no prescribed Fee and Format for submitting Complaint before Central Information Commission. | + | ===== Format & Fee ===== |
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+ | There is no prescribed Fee and Format for submitting Complaint before Central Information Commission. | ||
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+ | There is prescribed fee and format for filing | ||
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+ | However, minimum and essential attributes like Name and full address of the complainant, | ||
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+ | All dates and events leading to the complaint must be clearly brought out in chronological order. Eg. Date of submission of RTI Request to PIO, Date of Receipt of RTI Request at PIO's Office. Due date of the decision by PIO. The decision | ||
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+ | Prepare an Index page. Attach self-attested copies of all relied upon papers below complaint in sequence as per Index with page numbers. | ||
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+ | ===== Whom to submit Complaint ===== | ||
- | Prepare an Index page. Attach self attested copies of all relied upon papers below complaint in sequence as per Index with page numbers. | + | Complaint relating to Central Government public authorities including PSUs and PSBs and Autonomous bodies must be lodged |
- | **Whom to submit Complaint: | + | Complaint relating to State public authorities, |
- | Complaints pertaining to Subordinate Judiciary must be submitted to the respective State Information Commissions, | + | < |
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guide/applicant/second-appeal/complaint.txt · Last modified: 2023/04/15 11:48 by Shrawan