Second Appeal to CIC under RTI Act,2005
RTI Act confers right to access to information
held by a Public Authority on all Citizens. In case,you have been denied
the access to information you may file Appeal / Complaint before the
Central Information Commission (CIC).
When to file an Appeal
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.
19 (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.
19 (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.
19 (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.
19 (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
19 (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 maintenance, management and destruction of records;
- by enhancing the provision of training on the right to information for its officials;
- by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
- require the public authority to compensate the complainant for any loss or other detriment suffered;
- impose any of the penalties provided under this Act;
- reject the application.
19 (9) The Central Information Commission or State
Information Commission, as the case may be, shall give notice of its
decision, including any right of appeal, to the complainant and the
public authority.
19 (10) The Central Information Commission or State
Information Commission, as the case may be, shall decide the appeal in
accordance with such procedure as may be prescribed.
