Appeal
Any person who,
(i)
does
not receive an information /decision within the time specified, or
(ii)
is
aggrieved by a decision of the Central Public Information Officer or State
Public Information Officer,
may file an appeal to such officer who
is senior in rank to the Central Public Information Officer or State Public
Information Officer, in each public authority
The aggrieved person can file appeal within
thirty days from the expiry of such period [i.e. the expiry 30 days time
fixed to give reply upon an application
under RTI Act] or from the receipt of such a decision prefer
Appeal may be admitted after the expiry of
the period of thirty days
if such officer is satisfied that the appellant [the aggrieved person] was
prevented by sufficient cause from filing the appeal in time.
Third party may file an appeal against an order 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.
Second appeal
A second appeal [i.e. the appeal against the order under section 19(1)] shall lie within ninety
days to Central Information Commission or the State Information Commission,
as the case may be, established under this Act.
Central Information Commission or the State Information Commission
enjoys the power as granted under
section 18 of the RTI Act, 2005
The ninety days period starts from the date on which the decision [under
section 19(1)] should have been made
or was actually received, with the Central Information Commission or the State
Information Commission
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.
If the decision of the Central Public Information Officer or State
Public Information Officer, 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.
The appeal section 19
to 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.
Power of Central Information Commission or State Information
Commission
Central Information Commission or State Information Commission, as the case may be, has the power to:
(i) require the public authority to take any such steps as may be
necessary to secure compliance with the provisions of this Act, including-
(a) by providing access to information, if
so requested, in a particular form;
(b) by appointing a Central Public
Information Officer or State Public Information Officer, as the case may be;
(c) by publishing certain information or
categories of information;
(d) by making necessary changes to its
practices in relation to the maintenance, management and destruction of
records;
(e) by enhancing the provision of training
on the right to information for its officials;
(f) by providing it with an annual report
in compliance with clause (b) of sub- section
(1) of section 4;
(ii) require the public authority to compensate the complainant
for any loss or other detriment suffered;
(iii) impose any of the penalties provided under this Act;
(iv) reject the application.
The Central Information Commission or State Information
Commission, as the case may be, to give notice of its decision, including any
right of appeal, to the complainant and the public authority.