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

Cyber Security Need of the hour: Group Discussion Topic for Airforce Phase2

Cyber security : Need of the Hour It is the time when whole world is suffering from covid crisis.  Currently government websites are being hacked, Banks also reported breach of confidential data from their servers,  the energy and nuclear power plants control systems are infected with virus Trojan and social media accounts of  celebrities being hacked. People are receiving text messages asking amount or money has been deducted from their bank accounts. The whole Nation is in a state of confusion.  It is clear that our country has become a victim of cyber attack and there has been 260% increase in cyber attacks since lockdown induced due to covid-19 pandemic. Due to increasing network and interconnectivity cyber attacks have become more common.   Cyber attackers uses different methods for attacks.  First , There are many financially motivated organised crime groups uses cyberspace as Warfare to hack business, Networks and demand mo...

Bhuri Bai a tribal champion

Bhuri Bai a tribal champion  From extracting colour from plants and clay and painting on walls to stroking acrylic  colours on papers, Bhuri Bai is known as the first tribal woman artist to popularise the  art of Pithora painting. Bhuri Bai is an Indian Bhil artist.  Born in Pitol village, it's situated on the border of Madhya Pardesh and Gujrat but pitol  is a village of Jhabua district in Madhya Pradesh, Bhuri Bai belongs to the community of  Bhils, the largest tribal group  She has won many awards including the highest state honour accorded to artists by the  Madhya Pradesh government, the Shikhar Samman. She was awarded India's fourth  highest civilian award the Padma Shri in 2021.  Bhuri, belongs to one of the larg with many awards including Shikhar Samman, Madhya Pradesh’s highest state honour.   Nari Shakti Puraskar (Woman Power Award) is an annual award given by the Ministry of  Women and Child Development of  institutions that w...

cellular organization

Cellular Organisation You know that in order to build a house, bricks are arranged in a certain pattern. Similarly, our body is made up of similar structures called   cells,   which assemble to form our body. Hence, cells are the structural units of our body. But who discovered and coined the term ‘cells’?  Let us explore. The discovery of cells was first made by Robert Hooke. While examining a section of a cork tree under the microscope, he observed small compartment-like structures and named them cell. With the discovery of advanced microscopes (like electron microscopes), the study of the structure of cells and various cell organelles was made possible. Microscope What is a microscope?  A microscope is an instrument used to see the objects that are not visible to the naked eye. It magnifies the object several hundred times and makes it clearly visible.   Parts of Microscope   The important parts of the microscope are:   Eye piece...