Re: [HumJanenge] Cabinet note not secret: Info panel

I disagree as far as you say that the Complaint is a discretionary. At whose Hand - Complainant or Commission?

No it is not discretionary and it is a due process of law under Section 18. and it is independent of Section 19. You need not to go through the process of Section 19 to file a complaint. Complaint has no time limitations while appeals do have. You can file complaint any time you like. The only condition is that you nust have a ground for complaint as stated in Section 18,

On Fri, May 6, 2011 at 6:53 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

1) If the RTI request has been duly received with the fee and there is proof of this, we always advise our members to file first appeal before (wrongly) approaching the SIC/CIC (in complaint jurisdiction) or (rightly) in 2nd appeal jurisdiction thereafter.
The reason for this is that
a) first Appeal is a statutory time-bound process, whereas
b) Complaint is a discretionary and open-ended process.
c) Second appeal is a statutory but open-ended process

So the answer to your query no.1 is that it is NOT mandatory to approach FAA prior to approaching SIC/CIC, ... BUT First Appeal is TECHNICALLY the BEST option in terms of RISK MANAGEMENT.

2) Your 2nd query is badly framed and factually incorrect. The CIC CANNOT entertain a 2nd appeal when no  first apeal has been filed.

Sarbajit

On Thu, May 5, 2011 at 1:51 PM, Baritlum Ama <baritlumama@gmail.com> wrote:

I NEED THE ANSWER FROM YOU ALL PLEASE.

1) IS IT MANDATORY TO APPROACH THE APPELLATE AUTHORITY OR SENIOR IN
RANK TO THE CPIO OR SPIO PRIOR TO APPROACHING CIC OR SIC?

2)AND IF THE CIC OR SIC ENTERTAINS THE APPELLANT BY BYPASSING THE
SENIOR OFFICER I.E 2ND APPELLATE AUTHORITY AS PER CLUASE-19(1),THEN IS
THE ACTION OF CIC OR SIC IN VIOLATION OF THE RTI ACT.

WHERE THE CLUASE WHEREIN THE CIC OR SIC OR APPELLANT DEFEND THEMSELVES.

Thanks

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