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--- guide:applicant:second-appeal:complaint [2018/06/23 04:11] – Shrawan
+++ guide:applicant:second-appeal:complaint [2020/01/06 02:20] – Shrawan
@@ Line 5: / Line 5: @@
 {{tag>complaint}}
-RTI Act confers right to access to information held by a Public Authority on all Citizens.  The Act also prescribes remedy, when such a right is denied to a citizen.
+<fs 130%>RTI Act confers right to access to information held by a Public Authority on all Citizens.  The Act also prescribes remedy, when such a right is denied to a citizen.   </fs>
-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.</fs>
 {{ :guide:applicant:second-appeal:complain_to_cic.png |}}
+====== 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.
+ <fs 140%>The main difference between a complaint and a second appeal is that in the case of an appeal, this Commission may pass orders directing the CPIO to provide the requested information to the appellant in appropriate cases whereas such orders cannot be passed while dealing with a complaint.</fs>
 ===== In which cases complaint can be filed =====
@@ Line 40: / Line 45: @@
 When an applicant is denied access to information by various reasons specified in Section-18(1), Applicant can file Complaint directly before the Information Commission.
-<note tip>There is no time limit for filing a complaint.</note>
 Under the complaint proceedings, the Information Commission cannot direct PIO to supply information, but can only conduct an inquiry and impose a penalty on PIO or recommend disciplinary action against PIO, for the reasons as enumerated under Sec-20.
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   * 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.
 <html>
@@ Line 84: / Line 87: @@
 </script>
 </html>
+==== Complaint Guidelines ====
-===== Format & Fee =====
+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:
-There is no prescribed Fee and Format for submitting Complaint before Central Information Commission.
-There is prescribed fee and format for filing a complaint before some State Information Commissions.  You may refer to the respective [[rules:|State RTI Rules]] for Format and Fee.
+====== Documents required for registration of Complaint ======
-However, minimum and essential attributes like Name and full address of the complainant, full address of Public Authority and the cause of complaint with specific reference to the section violated must be brought out.
+  - 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/English or provide a translated version in Hindi /English
+====== Other documents required for proper presentation of a complaint, if available ======
+<html>
+<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script>
+<ins class="adsbygoogle"
+     style="display:block"
+     data-ad-format="fluid"
+     data-ad-layout-key="-gu-18+5g-2f-83"
+     data-ad-client="ca-pub-3082882621726443"
+     data-ad-slot="4321988277"></ins>
+<script>
+     (adsbygoogle = window.adsbygoogle || []).push({});
+</script>
+</html>
+  - 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: ======
-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 of PIO or No response of PIO and deemed refusal of information etc.
+  - 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.
-Prepare an Index page.  Attach self-attested copies of all relied upon papers below complaint in sequence as per Index with page numbers.
+====== Registration of Complaint as second appeal ======
-===== Whom to submit Complaint =====
+  - 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 relating to Central Government public authorities including PSUs and PSBs and Autonomous bodies must be lodged with Central Information Commission, NEW DELHI.
+====== 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.
+<html>
+<script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js"></script>
+<ins class="adsbygoogle"
+     style="display:block"
+     data-ad-format="fluid"
+     data-ad-layout-key="-gu-18+5g-2f-83"
+     data-ad-client="ca-pub-3082882621726443"
+     data-ad-slot="4321988277"></ins>
+<script>
+     (adsbygoogle = window.adsbygoogle || []).push({});
+</script>
+</html>
+<note important>In case of offline Appeal/Complaint filed by the applicant, he/she will be informed by the dealing official whether the same prime facia fulfils the requirements for its registration.</note>
+====== Additional guidelines for facilitating disposal of the case: ======
-Complaint relating to State public authorities, PSUs, Autonomous bodies and State entities must be lodged to respective State Information Commissions.  When there is different benches for State Information Commission, the Compliant must be lodged to the Bench having territorial jurisdiction over the public authority.
+  - 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 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 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
+===== Help in Filing Complaint: =====
-<note>Complaints pertaining to Subordinate Judiciary must be submitted to the respective State Information Commissions, whereas complaints with respect to High Courts and Supreme Courts must be submitted to Central Information Commission.</note>
+** For additional help kindly see FAQ, Supreme Court / High Courts orders
+Contact the Help desk at 011-26767500 Email: fdesk-cic@gov.in for assistance in filing a complaint.
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