guide:applicant:second-appeal:complaint
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guide:applicant:second-appeal:complaint [2018/06/23 04:34] – Shrawan | guide:applicant:second-appeal:complaint [2020/01/06 02:35] – 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. |
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+ | ====== What is the difference between a Complaint and Appeal ====== | ||
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+ | A 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. 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. | ||
- | 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 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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* 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. | ||
- | ===== Timelimit for disposal of complaint ===== | ||
- | Receipt of second appeals/ | ||
- | ===== Mode of filing a complaint to CIC ===== | ||
- | A second appeal or a complaint can be filed electronically on [[www.cic.gov.in|CIC website]] online along with the requisite documents | + | < |
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+ | ====== Complaint Guidelines ====== | ||
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+ | The Commission has decided to issue the following guidelines for registration of Complaint | ||
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+ | ====== 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