guide:guidelines-for-first-appellate-authority
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| guide:guidelines-for-first-appellate-authority [2015/07/16 09:14] – Shrawan | guide:guidelines-for-first-appellate-authority [2018/06/03 12:51] – [Time Limit for Disposal of Appeal] Shrawan | ||
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| ====== Guidelines for First Appellate Authority ====== | ====== Guidelines for First Appellate Authority ====== | ||
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| ===== What is Information ===== | ===== What is Information ===== | ||
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| Information is nay material in any form. It includes records, documents, memos, e-mail, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic relating to any private body which can be accessed by the public authority under any law for the time being in force. | Information is nay material in any form. It includes records, documents, memos, e-mail, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic relating to any private body which can be accessed by the public authority under any law for the time being in force. | ||
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| ===== Transfer of Application ===== | ===== Transfer of Application ===== | ||
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| If the subject matter of the application concerns any other public authority, it should be transferred to that public authority. If only a part of the application concerns the other public authority, a copy of the application may be sent to that public authority, clearly specifying the part which relates to that public authority. While transferring the application or sending a copy thereof, the concerned public authority should be information that the application fee has been received. The applicant should also be informed about the transfer of his application and the particulars of the public authority to whom the application or a copy thereof has been sent. | If the subject matter of the application concerns any other public authority, it should be transferred to that public authority. If only a part of the application concerns the other public authority, a copy of the application may be sent to that public authority, clearly specifying the part which relates to that public authority. While transferring the application or sending a copy thereof, the concerned public authority should be information that the application fee has been received. The applicant should also be informed about the transfer of his application and the particulars of the public authority to whom the application or a copy thereof has been sent. | ||
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| The Central Public Information Officers of the intelligence and security organizations specified in the Second Schedule of the Act may receive applications seeking information pertaining to allegations of corruption and human right violations. Information in respect of allegation of violation of human right, which is provided only after the approval of the Central Information Commission, should be provided within forty-five days from the data of the receipt of request. Time limit prescribed for supplying information in regard to allegation of corruption is the same as in other cases. | The Central Public Information Officers of the intelligence and security organizations specified in the Second Schedule of the Act may receive applications seeking information pertaining to allegations of corruption and human right violations. Information in respect of allegation of violation of human right, which is provided only after the approval of the Central Information Commission, should be provided within forty-five days from the data of the receipt of request. Time limit prescribed for supplying information in regard to allegation of corruption is the same as in other cases. | ||
| - | Where the application is asked to pay additional fee, the period intervening between the dispatch of the intimation about payment of fee and the payment of fee by the applicant shall be excluded for the purpose of calculation the period of reply. The [[guide:frequently-asked-questions: | + | Where the application is asked to pay additional fee, the period intervening between the dispatch of the intimation about payment of fee and the payment of fee by the applicant shall be excluded for the purpose of calculation the period of reply. The [[guide:applicant: |
| ===== First Appeal ===== | ===== First Appeal ===== | ||
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| - | Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore, necessary that the appellate authority should see to it that the justice is not only done but it should also appear to have been done. In order to do so, the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at. | + | Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore, necessary that the appellate authority should see to it that the justice is not only done but it should also appear to have been done. In order to do so, the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at(({{: |
| ===== Time Limit for Disposal of Appeal ===== | ===== Time Limit for Disposal of Appeal ===== | ||
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| The appeal should be disposed off within 30 days of receipt of the appeal. In exception cases, the Appellate Authority may take 45 days for its disposal. However, in cases where disposal of appeal takes more then 30 days, the Appellate Authority should record in writing the reasons for such delay. | The appeal should be disposed off within 30 days of receipt of the appeal. In exception cases, the Appellate Authority may take 45 days for its disposal. However, in cases where disposal of appeal takes more then 30 days, the Appellate Authority should record in writing the reasons for such delay. | ||
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| If an appellate authority comes to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the CPIO, he may either (i) pass an order directing the CPIO to give such information to the appellant; or (ii) he himself may give information to the appellant while disposing off the appeal. In the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellant authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter. | If an appellate authority comes to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the CPIO, he may either (i) pass an order directing the CPIO to give such information to the appellant; or (ii) he himself may give information to the appellant while disposing off the appeal. In the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellant authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter. | ||
| - | If, in any case, the CPIO does not implement the order passed by the appellant authority and the appellate authority feels that intervention of higher authority is required to get his order implemented, | + | If, in any case, the CPIO does not implement the order passed by the appellant authority and the appellate authority feels that intervention of higher authority is required to get his order implemented, |
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guide/guidelines-for-first-appellate-authority.txt · Last modified: 2023/04/15 11:38 by Shrawan