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--- guide:applicant:second-appeal:complaint [2020/01/06 02:29] – [Is a complainant or an appellant entitled to priority in hearing cases?] Shrawan
+++ guide:applicant:second-appeal:complaint [2020/01/06 02:36] – [Can a complaint be filed directly before this Commission? If yes, the grounds on which a complaint may be filed?] Shrawan
@@ Line 8: / Line 8: @@
 <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.
+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.
- <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>
+{{ :guide:applicant:second-appeal:complain_to_cic.png |}}
 ===== In which cases complaint can be filed =====
@@ Line 178: / Line 178: @@
 </html>
 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.
+====== Generally how much time is taken by the Commission in deciding a complaint/appeal? ======
+Receipt of second appeals/complaints is a continuous process and they are disposed of as expeditiously as possible. The complaint/appeal is taken up as per its turn. A priority hearing is accorded in a particular case or class of cases as per orders of the Chief IC/IC concerned. A complete list of pending cases of Chief IC/ each IC is available on the website of the Commission. Cause List indicating the date of hearing of the cases is also available on the website of the Commission.
+====== 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 must be duly signed/ self-attested/ verified before scanning and attaching with the appeal or complaint being filed.
+====== Can a complaint be filed directly before this Commission? If yes, the grounds on which a complaint may be filed? ======
+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 to a Central Public Information Officer either by reason that no such officer has been appointed under the Act, or because the Central Assistant Public Information Officer has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or senior officer specified in subsection (1) of section 19 or this Commission;
+(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;
+(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: =====