• Second appeal under Right to Information Act 2005

I have filed my RTI and First Appeal to the concerned CPIO and First Appellate Authority personally in hard copies. Now I want to file my Second Appeal through the following link of 'Central Information Commission' website:
http://dsscic.nic.in/online-appeal-application/onlineappealapplication
online. Can I do so? If yes, which link should I use "Submit Appeal" or "Submit Complaint" which are available on the above mentioned link of the website of cic.gov.in?

Is it necessary to wait for 45 days to file the Second Appeal after filing the first appeal or we can file it after 30 days also?

Can I file the Second Appeal before 30 days period also if the information sought is very urgent?
Asked 6 years ago in Constitutional Law

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14 Answers

You should use the link submit appeal

2) since it is second appeal you should not use the link submit complaint

3) 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:

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) Under section 19(6) of RTI act first appeal has to be disposed by first appellate authority within period of 30 days of receipt of appeal or within extended period of 45 days from date of filing of appeal to be recorded in writing

2) You cannot file second appeal before 30 days period

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

you must wait for 45 days to file second appeal

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You have to click submit appeal.

A Second Appeal must be made within 90 days from the date on which the decision should have been made or from the date a decision was actually received. It is sometimes possible to submit Second Appeal after this 90 day period, provided that Information Commission allows it. If the commission is satisfied that you could not file the appeal in time because of some unavoidable reasons like you were travelling for work or something like that.

There is no specified time limit for the Information Commission to decide on an appeal.

However, best practices support deadline of 30-45 days to dispose of any appeal just like it is for the Appellate Authorities.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Can I file the Second Appeal under RTI Act 2005 before 30 days period also if the information sought is very urgent?

RTI Act Prescribes time limit under which the reply need to be given by Public Information Officer.

For PIO to reply to application: 30 days from date of receipt of application

For PIO to transfer to another PA under Sec 6(3): 5 days from date of receipt of application

For PIO to issue notice to 3rd Party: 5 days from date of receipt of application

For 3rd Party to make a representation to PIO: 10 days from receipt of notice from PIO

For PIO to reply to application if 3rdParty involved : 40 days from date of receipt of application

For applicant to make First Appeal: 30 days from date of receipt of PIO’s reply or from date when reply was to be received

For First Appellate Authority to pass an order: 30 days from receipt of First Appeal OR Maximum 45 days, if reasons for delay are given in writing

For applicant to make Second Appeal before CIC/SIC: 90 days from receipt of First Appeal orders or from the date when orders were to be received

For CIC/SIC to decide Second Appeal: No time limit specified

Thus you may have to wait for the reply till the prescribed time for filing second appeal.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Is it necessary to wait for 45 days to file the Second Appeal under Right to Information Act 2005 after filing the first appeal or we can file it after 30 days also?

If you do not get the reply from the first appellate authority within 30 days,then you may have to wait for expiry of the grace period of another 15 days, i.e., total 45 days before filing the second appeal.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Anybody who is unhappy or dissatisfied with the decision of the 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.

The appeal can be sent in a single copy.

The address for sending appeal if :

The Central information Commission,

Room No. 326, II floor, August Kranti Bhavan,

Bhilkaji khama place, New Delhi 110066.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

A Second Appeal must be made within 90 days from the date on which the decision should have been made or from the date a decision was actually received.

There is no specified time limit for the Information Commission to decide on an appeal.

No time limit has yet been included in any of the Appeal Rules.

However, best practices support deadline of 30-45 days to dispose of any appeal just like it is for the Appellate Authorities.

If Information Commission decides that your appeal was justified, they will give you their decision in writing. Powers of the Information Commission are:

(a) The Commission may order the responsible officer to do their duty under RTI Act and give you the access to the information you are looking for. The public authority might get orders to give the information in a different form or even your fees might be reduced;

(b) They can also give the order to the public authority to compensate you for any loss(mental, physical) you may have suffered in the process;

(c) They can impose penalties on PIO or any other official who failed to execute their duties under the RTI Act.

Receipt of second appeals/complaints is a continuous process and they are disposed of as expeditiously as possible. The complaint/appeal is taken up as per its turn. A priority hearing is accorded in a particular case or class of cases as per orders of the Chief IC/IC concerned. A complete list of pending cases of Chief IC/ each IC is available on the website of the Commission. Cause List indicating the date of hearing of the cases is also available on the website of the Commission.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Only one copy of second appeal along with the proof of service of the appeal on the CPIO and the First Appellate Authority is to be submitted to this Commission.

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Disposal of cases depend upon pendency of cases in CIC

You have to wait your turn for disposal of case

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hello,

If inordinate delay is being made and there is some malafide attached to the same you may approach the High Court and seek appropriate direction.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You have to contact a local lawyer for drafting second appeal before CIC

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can engage the services of an advocate for this purpose on his terms

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello,

Sorry sir but through this portal we can not help you in drafting a document, you may enter into a telephonic conversation and then subsequently ask any one of us to draft a reply for you in lieu of the professional fee.

Let me know if I can be of further help.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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