guide:applicant:second-appeal:complaint
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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 [2023/04/15 11:48] (current) – Shrawan | ||
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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), |
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- | When an applicant is denied access to information by various reasons specified in Section-18(1), | + | |
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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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* 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. | ||
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- | <script async src="// | + | ======= Complaint Guidelines |
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- | ====== Complaint Guidelines ====== | + | |
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: | 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: | ||
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- Above two documents must be in Hindi/ | - Above two documents must be in Hindi/ | ||
====== Other documents required for proper presentation of a complaint, if available ====== | ====== Other documents required for proper presentation of a complaint, if available ====== | ||
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- Copy of reply received from the CPIO | - Copy of reply received from the CPIO | ||
- Copy of the order received from the First Appellate Authority | - Copy of the order received from the First Appellate Authority | ||
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- All the documents shall be duly authenticated and verified by the Complainant | - All the documents shall be duly authenticated and verified by the Complainant | ||
====== The mandatory time period for filing Complaint: ====== | ====== 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. | - 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 the reply to RTI application or thirty days after the filing of RTI application and if no reply received | ||
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- Complaint relates to State information Commission. In such a case, the Complaint shall be sent to the concerned State Information Commission. | - 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. | - 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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====== Additional guidelines for facilitating disposal of the case: ====== | ====== Additional guidelines for facilitating disposal of the case: ====== | ||
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====== Is a complainant or an appellant entitled to priority in hearing cases? ====== | ====== 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. | 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 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; | ||
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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; | ||
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+ | (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and | ||
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+ | (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. | ||
===== Help in Filing Complaint: ===== | ===== Help in Filing Complaint: ===== | ||
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guide/applicant/second-appeal/complaint.txt · Last modified: 2023/04/15 11:48 by Shrawan