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 02:32] – [Is a complainant or an appellant entitled to priority in hearing cases?] 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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When an applicant is denied access to information by various reasons specified in Section-18(1), | When an applicant is denied access to information by various reasons specified in Section-18(1), | ||
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Under the complaint proceedings, | Under the complaint proceedings, | ||
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* 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 ====== | ||
+ | |||
+ | 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: | ||
+ | |||
+ | ====== Documents required for registration of Complaint ====== | ||
+ | - 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. | ||
- | ===== Format & Fee ===== | + | ====== Registration of Complaint as second appeal ====== |
- | + | ||
- | There is no prescribed Fee and Format for submitting Complaint before Central Information Commission. | + | |
- | There is prescribed fee and format | + | - During scrutiny of Complaint, if it is found that Complainant has requested |
- | However, minimum and essential attributes like Name and full address | + | ====== Complaint will not be registered if any of the following condition exists ====== |
- | All dates and events leading | + | - 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 | ||
+ | - Complaint relates | ||
+ | - Complaint relates | ||
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+ | <note important> | ||
+ | ====== Additional guidelines for facilitating disposal | ||
- | Prepare an Index page. | + | - If the complaint is being filed without submission of RTI application to the Public Authority , the reasons of non -submission of RTI application should be mentioned |
+ | - The complainant should mention the specific sub- section of [[act: | ||
+ | | ||
+ | - If the complaint is made on the ground that information concerning life or liberty was not given within 48 hours as per proviso to Section 7 (1), it should contain reasons for considering the information requested as concerning the life or liberty | ||
+ | - To give reasons for considering a body as Public authority, if the ground of complaint is that the concerned body was not considering itself to be Public authority | ||
- | ===== Whom to submit | + | ====== Is a complainant or an appellant entitled to priority in hearing cases? ====== |
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+ | The complaints and second appeals filed in this Commission under the RTI Act are taken up for hearing in chronological order. However, the Commission in a particular matter may decide to accord precedence depending on the facts and circumstances of the case. | ||
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+ | ====== Generally how much time is taken by the Commission in deciding a complaint/ | ||
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+ | Receipt of second appeals/ | ||
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+ | ====== Can a second appeal or a complaint be filed in this Commission electronically? | ||
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+ | Yes, a second appeal or a complaint can be filed electronically on www.cic.gov.in online along with the requisite documents as per RTI Rules, 2012. The documents must be duly signed/ self-attested/ | ||
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+ | ====== Can a complaint be filed directly before this Commission? If yes, the grounds on which a complaint may be filed? ====== | ||
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+ | Yes, a complaint may be filed directly in this Commission under section 18 of the RTI Act, by a person:- | ||
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+ | (a) who has been unable | ||
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+ | (b) who has been refused access to any information requested under this Act; | ||
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+ | (c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; | ||
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+ | (d) who has been required to pay an amount of fee which he or she considers unreasonable; | ||
- | Complaint relating to Central Government public authorities including PSUs and PSBs and Autonomous bodies must be lodged with Central Information Commission, NEW DELHI. | + | (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and |
- | Complaint | + | (f) in respect of any other matter |
+ | ===== 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