First Appeal or Second Appeal



  • I filed RTI application and not satisfied with the response, so shall I file first appeal or I can complain at SIC?


  • RTI Experts

    Depends.

    Under section 19(1) of the RTI Act, an appeal can be made to the First Appellate Authority if the applicant is not satisfied with the response of the Public Information Officer. This provision is a time bound provision as the appeal has to be adjudicated in a time bound manner. Under Section 19(3) of the RTI Act, a second appeal can be made to the Central Information Commission against the decision of the first appeal.

    However, under section 18 of the RTI Act, a complaint can be made against the authority under specific circumstances and the Central Information Commission/State Information Commission can initiate an inquiry and also levy penalties under section 20 against the erring officer/authority.

    As per a Supreme Court judgment titled Chief Information Commr. & another vs State of Manipur and Another (CIVIL APPEAL NOs.10787-10788 OF 2011) dated 12 December 2011, it has been clearly observed that CIC/SIC cannot direct for dissemination of information under section 18. It can only initiate an inquiry. The power of disclosure/dissemination of information would be under section 19 i.e. appeal.

    You can refer to the following order of the CIC for detailed clarity on this issue. http://www.rti.india.gov.in/cic_decisions/CIC_DS_A...


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