guide:applicant:second-appeal:complaint
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guide:applicant:second-appeal:complaint [2018/06/23 04:56] – [Mode of filing a complaint to CIC] Shrawan | guide:applicant:second-appeal:complaint [2020/01/06 02:26] – [Additional guidelines for facilitating disposal of the case:] Shrawan | ||
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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), | ||
- | <note tip> | ||
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 ===== | ||
- | |||
- | <fs larger>A second appeal or a complaint can be filed electronically on [[https:// | ||
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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 | ||
+ | - 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 | ||
+ | - 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. | ||
- | 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. | + | ====== Registration |
- | Prepare an Index page. Attach self-attested copies | + | |
- | ===== Whom to submit | + | ====== 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 | ||
+ | - 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 [[act: | ||
+ | - 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 | ||
- | Complaint | + | ===== Help in Filing |
- | < | + | ** 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