Is there a rule that second appeal cannot be filed before 45 days of filing first appeal?

Question

I filed a second appeal after 34 days of filing first appeal after receiving no response. But my second appeal was returned for having filed "prematurely" and I am asked to file again after 45 days are over despite having mentioned it was urgent. I thought you could file second appeal as soon as 30 days have passed after filing first appeal. Is there any such rule?

Answer 1

The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority. The section 19 is given below:

Section 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:

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.

The Second appeal can be filed after 30 days from the date the First Appeal was delivered to the concerned Govt office.