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 [2020/01/06 02:29] – [Additional guidelines for facilitating disposal of the case:] Shrawan | ||
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- | ===== In which cases complatint | + | <fs 130%>RTI Act confers right to access to information held by a Public Authority on all Citizens. |
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+ | ====== What is the difference between a Complaint and Appeal ====== | ||
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+ | 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. | ||
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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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+ | 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 | + | < |
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+ | ====== Complaint Guidelines ====== | ||
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+ | The Commission has decided to issue the following guidelines for registration of Complaint as prescribed under Rule 8 and 9 of the RTI Rules, 2012: | ||
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+ | ====== Documents required for registration | ||
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+ | - Complaint duly signed and addressed to the Commission | ||
+ | - Copy of the RTI application submitted to the CPIO or the RTI application which could not be submitted | ||
+ | - RTI and Complaint shall be related to each other | ||
+ | - Above two documents must be legible | ||
+ | - Above two documents must be in Hindi/ | ||
+ | ====== Other documents required for proper presentation of a complaint, if available ====== | ||
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+ | - Copy of reply received from the CPIO | ||
+ | - Copy of the order received from the First Appellate Authority | ||
+ | - Copies of other documents relied upon by the Complainant and referred to in his Complaint | ||
+ | - An index of the documents | ||
+ | - All the documents shall be duly authenticated and verified by the Complainant | ||
+ | ====== The mandatory time period for filing Complaint: ====== | ||
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+ | - The complaint can be filed immediately if CPIO of Public Authority refuses to accept RTI Application as per RTI Act 2005. | ||
+ | - After receipt of the reply to RTI application or thirty days after the filing of RTI application and if no reply received | ||
+ | - After receipt of reply from First Appellate Authority or forty-five days after filing of First appeal, if the Complainant had chosen to file first appeal and no reply had been received. | ||
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+ | ====== Registration of Complaint as second appeal ====== | ||
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+ | - During scrutiny of Complaint, if it is found that Complainant has requested for the information along with the imposition of penalty, the complaint would be registered as Second Appeal, provided first appeal had been filed by the Complainant. | ||
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+ | ====== Complaint will not be registered if any of the following condition exists ====== | ||
+ | - If the Complaint has already been registered by the Commission with same RTI(Duplicate Case) | ||
+ | - Body mentioned as a Public Authority in the Complaint is not registered with the Commission as Public Authority and justification for declaring the body as a Public Authority has not been given by the Complainant | ||
+ | - Complaint relates to State information Commission. In such a case, the Complaint shall be sent to the concerned State Information Commission. | ||
+ | - Complaint relates to multiple RTI application /CPIO’s replies /First Appeals. In such cases the Complaint shall be returned along with all the documents. | ||
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+ | ====== Additional guidelines for facilitating disposal of the case: ====== | ||
- | **Format & Fee ** There is no prescribed Fee and Format for submitting Complaint before Central Information Commission. | + | - If the complaint |
+ | - The complainant should mention the specific sub- section of [[act:|section 18 of RTI Act]] under which the complaint is being filed . | ||
+ | - Provide a copy of proof of submission of copy of complaint to the Public authority, if available | ||
+ | - If the complaint | ||
+ | - To give reasons for considering a body as Public authority, if the ground | ||
- | Prepare | + | ====== Is a complainant or an appellant entitled to priority |
- | **Whom to submit Complaint: | + | The complaints |
+ | ===== Help in Filing Complaint: ===== | ||
- | Complaints pertaining to Subordinate Judiciary must be submitted to the respective State Information Commissions, whereas complaints with respect to High Courts | + | ** For additional help kindly see FAQ, Supreme Court / High Courts |
+ | Contact the Help desk at 011-26767500 Email: fdesk-cic@gov.in for assistance in filing a complaint. | ||
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guide/applicant/second-appeal/complaint.txt · Last modified: 2023/04/15 11:48 by Shrawan