guide:applicant:second-appeal:complaint
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guide:applicant:second-appeal:complaint [2020/01/06 02:36] – [Can a complaint be filed directly before this Commission? If yes, the grounds on which a complaint may be filed?] Shrawan | guide:applicant:second-appeal:complaint [2023/04/15 11:48] (current) – Shrawan | ||
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- | < | + | When an applicant is denied access to information by various reasons specified in Section-18(1), |
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- | When an applicant is denied access to information by various reasons specified in Section-18(1), | + | |
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===== When to file a Complaint ===== | ===== When to file a Complaint ===== | ||
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[[act:|RTI Act Section 18]] states that: | [[act:|RTI Act Section 18]] states that: | ||
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* in respect of any other matter relating to requesting or obtaining access to records under this Act. | * in respect of any other matter relating to requesting or obtaining access to records under this Act. | ||
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- | <script async src="// | + | ======= Complaint Guidelines |
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- | ====== Complaint Guidelines ====== | + | |
The Commission has decided to issue the following guidelines for registration of Complaint as prescribed under Rule 8 and 9 of the RTI Rules, 2012: | The Commission has decided to issue the following guidelines for registration of Complaint as prescribed under Rule 8 and 9 of the RTI Rules, 2012: | ||
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- Above two documents must be in Hindi/ | - Above two documents must be in Hindi/ | ||
====== Other documents required for proper presentation of a complaint, if available ====== | ====== Other documents required for proper presentation of a complaint, if available ====== | ||
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- Copy of reply received from the CPIO | - Copy of reply received from the CPIO | ||
- Copy of the order received from the First Appellate Authority | - Copy of the order received from the First Appellate Authority | ||
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- All the documents shall be duly authenticated and verified by the Complainant | - All the documents shall be duly authenticated and verified by the Complainant | ||
====== The mandatory time period for filing Complaint: ====== | ====== The mandatory time period for filing Complaint: ====== | ||
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- The complaint can be filed immediately if CPIO of Public Authority refuses to accept RTI Application as per RTI Act 2005. | - The complaint can be filed immediately if CPIO of Public Authority refuses to accept RTI Application as per RTI Act 2005. | ||
- After receipt of the reply to RTI application or thirty days after the filing of RTI application and if no reply received | - After receipt of the reply to RTI application or thirty days after the filing of RTI application and if no reply received | ||
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- Complaint relates to State information Commission. In such a case, the Complaint shall be sent to the concerned State Information Commission. | - Complaint relates to State information Commission. In such a case, the Complaint shall be sent to the concerned State Information Commission. | ||
- Complaint relates to multiple RTI application /CPIO’s replies /First Appeals. In such cases the Complaint shall be returned along with all the documents. | - Complaint relates to multiple RTI application /CPIO’s replies /First Appeals. In such cases the Complaint shall be returned along with all the documents. | ||
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<note important> | <note important> | ||
====== Additional guidelines for facilitating disposal of the case: ====== | ====== Additional guidelines for facilitating disposal of the case: ====== | ||
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====== Is a complainant or an appellant entitled to priority in hearing cases? ====== | ====== Is a complainant or an appellant entitled to priority in hearing cases? ====== | ||
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The complaints and second appeals filed in this Commission under the RTI Act are taken up for hearing in chronological order. However, the Commission in a particular matter may decide to accord precedence depending on the facts and circumstances of the case. | The complaints and second appeals filed in this Commission under the RTI Act are taken up for hearing in chronological order. However, the Commission in a particular matter may decide to accord precedence depending on the facts and circumstances of the case. | ||
====== Generally how much time is taken by the Commission in deciding a complaint/ | ====== Generally how much time is taken by the Commission in deciding a complaint/ | ||
- | Receipt of second appeals/ | + | Receipt of second appeals/ |
====== Can a second appeal or a complaint be filed in this Commission electronically? | ====== Can a second appeal or a complaint be filed in this Commission electronically? | ||
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(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; | (c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; | ||
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(d) who has been required to pay an amount of fee which he or she considers unreasonable; | (d) who has been required to pay an amount of fee which he or she considers unreasonable; | ||
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guide/applicant/second-appeal/complaint.txt · Last modified: 2023/04/15 11:48 by Shrawan