guide:applicant:second-appeal:complaint
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guide:applicant:second-appeal:complaint [2018/06/23 04:04] – Shrawan | guide:applicant:second-appeal:complaint [2020/01/06 02:18] – Shrawan | ||
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- | RTI Act confers right to access to information held by a Public Authority on all Citizens. | + | <fs 130%>RTI Act confers right to access to information held by a Public Authority on all Citizens. |
- | 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. | + | <fs larger>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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+ | ====== 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. | ||
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===== In which cases complaint can be filed ===== | ===== In which cases complaint can be filed ===== | ||
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* 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. | ||
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+ | ===== Complaint Guidelines ===== | ||
- | ===== Format & Fee ===== | + | The Commission has decided to issue the following guidelines |
- | + | ||
- | There is no prescribed Fee and Format | + | |
- | There is prescribed fee and format | + | ====== Documents required |
- | However, minimum and essential attributes like Name and full address | + | - Complaint duly signed |
+ | - 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 | ||
+ | - An index of the documents | ||
+ | - All the documents shall be duly authenticated and verified by the Complainant | ||
+ | ====== The mandatory time period for filing Complaint: ====== | ||
- | All dates and events leading to the complaint | + | - The complaint |
+ | - After receipt | ||
+ | - After receipt of reply from First Appellate Authority | ||
- | Prepare an Index page. Attach self-attested copies | + | ====== Registration |
- | ===== Whom to submit | + | - 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. |
- | Complaint | + | ====== |
+ | |||
+ | - If the Complaint has already been registered by the Commission | ||
+ | - 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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+ | <note important> | ||
+ | ====== Additional guidelines for facilitating disposal of the case: ====== | ||
- | Complaint relating | + | - If the complaint is being filed without submission of RTI application |
+ | - The complainant should mention the specific sub- section of section 18 of RTI Act under which the complaint | ||
+ | - Provide a copy of proof of submission of copy of complaint to the Public authority, if available | ||
+ | - If the complaint is made on the ground that information concerning life or liberty was not given within 48 hours as per proviso | ||
+ | - To give reasons for considering a body as Public | ||
+ | ===== Help in Filing Complaint: ===== | ||
- | < | + | ** 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