Appeal - you file it when you find that the process of law has been followed but the information has not been given. You file an appeal to get the information. you have to go through the process as per Section 19 of the Act.You have 30 days to file first appeal and 90 days thereafter (after the expiry of the 30 days of the first appeal) for second appeal. PIO has no right to appeal, but PA has.
Complaint - You file it under Section 18 of the Act where the process of law has been abused in any manner. It is independent of Section 19. There is no time limit and complaint can be filed any time on any issue of infringement of law and your rights. Neither PIO nor PA can complain. Rather the onus of proof rest on the PIO.
On Sat, May 7, 2011 at 5:38 AM, sandeep kumar <drsandgupta@gmail.com> wrote:
what i have done is that i filed complaint against the refusal of
information (as the pio did not give any grounds to refuse
information). after some days, I filed first appeal with AA. Now as
the first appeal has not been replied, i intend to filed second
appeal. can i do so?
I mean to ask as to whether commission can reject the complaint (for
filing it along with use of first appeal) or reject the appeal (for
filing a complaint and thus approaching the commission earlier also)
> Sarbajit
On 5/6/11, 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.
>
>
>> I NEED THE ANSWER FROM YOU ALL PLEASE.
>>>> Thanks
>> 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.
>>
>>
>>
>>
>
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