Skip to main content

How to file second appeal under RTI act

Anybody who is unhappy or dissatisfied with the decision of the First Appellate Authority can file Second Appeal to the Information Commission at the Centre or respective States. You need to send your appeal to the relevant Information Commission in writing.

For issues related to Central Government public authorities, you need to send your appeal to the Central Information Commission. For matters related to State Government public authorities, send your appeal to concerned State Information Commission.

The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority. The section 19 is given below:

Appeal

Section 19(1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.

(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—

require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
by providing access to information, if so requested, in a particular form;
by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
by publishing certain information or categories of information;
by making necessary changes to its practices in relation to the maint

Comments

Popular posts from this blog

Army GD Model Paper 1 with Solutions by Garhwal Sir

1. पास्कल किसकी इकाई है दाब की  2. चलती हुई बस जब अचानक ब्रेक लgती है तो उसमें बैठे हुए यात्री आगे की दिशा में गिरते हैं किसको किसके द्वारा समझाया जा सकता है  न्यूटन का पहला नियम  3. दूध से क्रीम निकालने में कौन सा बल लगता है  उत्तर अपकेंद्रीय बल  4. ध्वनि की चाल अधिकतम किसमें होती है  उत्तर निर्वात में  5. दाढ़ी बनाने के लिए काम में लेते हैं  अवतल दर्पण  6. इलेक्ट्रॉन की खोज किसने की थी  उत्तर जे जे थॉमसन ने  7.भविष्य का ईंधन किसे कहा जाता है  उत्तर  हाइड्रोजन को  8.धोने का सोडा किस का प्रचलित नाम है  उत्तर सोडियम कार्बोनेट  9.सोडियम बाई कार्बोनेट का सामान्य नाम क्या है  उत्तर beकिंग सोडा  10. पोटेशियम नाइट्रेट का प्रयोग किसके उत्पादन में होता है  उत्तर Uravark के उत्पादन में  11.विश्व पर्यावरण दिवस किस दिन मनाया जाता है  उत्तर है 6 जून को  12. विटामिन ए को किस नाम से जाना जाता है  रेटिनोल  13.yeast ek क्या है  कवक है

Situation Reaction Test Practice Set 1 by - GarhwalSir on Telegram airforcestudy.

Situation Reaction Test (Set-1) 1. You found a bag filled with medicines by the roadside. You: A) Try to find out bill in the bag and try to inquiring about the owner of the bag . B) You go to the police station and give it to the police officer. C) Carry the medicines at your home and use them. D) Sale the medicine to local pharmacist and earn money. 2. You are visiting abroad and on the arrival at airport counter, someone abuse Your nation in front of you. You: A) You will complain to airport officials. B) You will complaint to the embassy. C) You will debate with them and try to change their view to the positive side. D) You will beat the individual who is abusing Your nation. 3: You are having no contacts in foreign countries but one foreigner girl send you friend request on Facebook. You A. Accept the request and start chit chat with her. B. Accept the friend request and enquire about her. C. Reject the request and block her permanently. D. Check out and read her profile on Facebo...

Work from Home: Pros and Cons Group Discussion Topic for Airforce Phase2

Work From Home: Pros & Cons ◆Due to COVID-19 pandemic, many companies allowed their employees to work from home (WFH). Some employees are happy with WFH option, but some are not comfortable with it. There are pros & cons with WFH option for both employees and companies. Advantages for Employees: ●Travel time to and from the office will be saved. ●They can spend more time with family. This is beneficial for many especially for parents of young children. ●Even in modern times, women are expected to take care of home and children. With this responsibility, several women are forced to leave their jobs. The rise in WFH culture is a boon for them. With this more women can join in jobs again. ●The location will not be a barrier. Employees can get a job, even if the office is located in another city. ●If they want to get to know their office and colleagues better, they can attend the office at regular intervals like once a week. Disadvantages for Employees: ◆The line between work and h...