What is the format of 2nd Appeal before the Commission?
The Format content of 2nd Appeal is given in Rule 3 of the CIC (Appeal
Procedure) Rules, 2005; every appeal must accompany the documents listed in Rule
4 of the said Rules.
In case of 2nd Appeal, how many copies need to be filed and whether advance copies have to be served to FAA and CPIO?
Only one copy of the appeal is to be filed with the Commission. An advance copy
of the 2nd Appeal needs to be served separately on the FAA and CPIO and the
declaration to this effect is to be mentioned in the index of the documents
referred to in Rule 4(iii) of the said Rules.
Can appeal/complaint be submitted without any format? Can an appeal be filed through e-mail?
As per the CIC (Appeal Procedure) Rules, 2005, the appeal needs to be filed in
the prescribed format as given in Rule of Appeal Procedure Rules, 2005..
However, there is no format for filing of complaint. Nevertheless, in view of
the Rule 7(2) of the CIC (Appeal Procedure) Rules, 2005, it is advisable that
all relevant documents, with an index of the documents be filed along with the
contents of the complaint.
An appeal to the Commission cannot be filed through e-mail. However, it can be
filed electronically on www.cic.gov.in online but will be adjudicated only after
the receipt of the verification in original as per Rule 3(viii) of the CIC
(Appeal Procedure) Rules, 2005.
Can an appeal to the Central Information Commission be filed without first going to the FAA?
An appeal to the Central Information Commission is filed as per Section 19 (3)
of the RTI Act against the decision of the First Appellate Authority and,
therefore, can be filed only after the decision of the FAA as per provisions
under Section 19(3) of the RTI Act.
Circumstances in which a complaint can be filed directly to the Commission and what should be the contents?
The circumstances under which a complaint can be filed directly to the
Commission are enumerated in Section 18(1)(a) to Section 18(1)(f) of the RTI
Act. These have been further elaborated by the Supreme Court in S.L.P. (C) Nos.
32768-32769/2010 dated 12.12.2011.
Can a complaint be filed through e-mail?
A complaint cannot be filed through e-mail
Can a complaint be filed if there is no reply from the CPIO/FAA?
A complaint can be filed to the Commission if there is no reply from the Public
Authority as per Section 18 (1) (c) and 18 (1) (e) of the RTI Act.
Can an appeal/complaint filed through e-mail, be processed/action taken without getting hard copies?
An appeal/complaint cannot be filed through e-mail. However, they can be filed
online on www.cic.gov.in. The appeals, however, will be heard only on receipt of
the verification in original as per the Section 3 (viii) of the CIC (Appeal
Procedure) Rules, 2005. In complaint cases, verification is to be submitted as
per Rule 14 and Rule 15 of Civil Procedure Code.
Can an appeal/complaint be sent by post and receipt obtained?
An appeal/complaint can be sent by post
Within how many days of receipt of decision of the FAA, can an appeal/complaint be filed in the Commission?
2nd Appeal can be filed within the time limit prescribed under Section 19(3) of
the RTI Act. The complaint needs to be filed within a reasonable period of time.
What should be the language of the Appeal/Complaint and accompanying documents?
All correspondence to the Commission should be made either in Marathi or in
English. If by any chance, the information seeker wants to send anything written
in any other language, it shall be his duty to provide a translation of that
text either in Marathi or in English.
What is the Format & documents required for filing First Appeal before the First Appellate Authority, CIC?
For hearing the first appeal the FAA can adopt the CIC (Appeal Procedure) Rules,
2005.
Whether First Appeal can be filed through e-mail?
The first appeal cannot be filed through e-mail.
Can a complaint lie with the Commission merely on the ground that the website of the public authority has not uploaded disclosures suo motu under section 4(1)(b) of the Act, in view of first part of Section 18 (1)(f)?
The Full Bench of the Commission has issued a directive dated 15.11.2010 under
Section 19(8) (a) to the public authorities for time-bound implementation of
Section 4 obligations under the RTI Act. Any violation of this directive will be
dealt with by the Commission under Section 18(1)(b) of the Act.