guide:applicant:second-appeal:complaint
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guide:applicant:second-appeal:complaint [2018/06/23 04:54] – [What is the difference between a Complaint and Appeal] Shrawan | guide:applicant:second-appeal:complaint [2023/04/15 11:48] (current) – Shrawan | ||
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<fs 130%>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.</fs> |
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====== What is the difference between a Complaint and Appeal ====== | ====== 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. | + | 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. |
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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), Applicant can file a Complaint directly before the Information Commission. |
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- | 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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===== When to file a Complaint ===== | ===== When to file a Complaint ===== | ||
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[[act:|RTI Act Section 18]] states that: | [[act:|RTI Act Section 18]] states that: | ||
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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 [[https:// | ||
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- | ===== Format & Fee ===== | + | The Commission has decided to issue the following guidelines |
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- | There is no prescribed Fee and Format | + | |
- | There is prescribed fee and format | + | ====== Documents required |
- | However, minimum | + | - Complaint duly signed |
+ | - Copy of the RTI application submitted | ||
+ | - RTI and Complaint shall be related to each other | ||
+ | - Above two documents | ||
+ | - Above two documents must be in Hindi/ | ||
+ | ====== Other documents required for proper presentation of a complaint, if available ====== | ||
- | All dates and events leading to the complaint must be clearly brought out in chronological | + | - Copy of reply received from the CPIO |
+ | - Copy of the order received from the First Appellate Authority | ||
+ | - Copies | ||
+ | - An index of the documents | ||
+ | - All the documents shall be duly authenticated and verified | ||
+ | ====== | ||
- | Prepare an Index page. Attach self-attested copies of all relied upon papers below complaint | + | |
+ | - 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. | ||
- | ===== Whom to submit | + | ====== Registration of Complaint |
- | 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 | + | ====== |
- | < | + | - 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. | ||
+ | |||
+ | < | ||
+ | ====== Additional guidelines for facilitating disposal of the case: ====== | ||
+ | |||
+ | - If the complaint is being filed without submission of RTI application | ||
+ | - The complainant should mention the specific sub- section of [[act: | ||
+ | - Provide a copy of proof of submission of copy of complaint | ||
+ | - 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 | ||
+ | |||
+ | ====== Is a complainant or an appellant entitled to priority in hearing cases? ====== | ||
+ | |||
+ | The complaints | ||
+ | |||
+ | ====== Generally how much time is taken by the Commission in deciding a complaint/ | ||
+ | |||
+ | Receipt of second appeals/ | ||
+ | |||
+ | ====== Can a second appeal or a complaint be filed in this Commission electronically? | ||
+ | |||
+ | 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 | ||
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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:- | ||
+ | |||
+ | (a) who has been unable to submit a request | ||
+ | |||
+ | (b) who has been refused access to any information requested under this Act; | ||
+ | |||
+ | (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; | ||
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+ | (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and | ||
+ | |||
+ | (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. | ||
+ | ===== Help in Filing Complaint: ===== | ||
+ | |||
+ | ** 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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guide/applicant/second-appeal/complaint.txt · Last modified: 2023/04/15 11:48 by Shrawan