Adv.Alim Patel
in RTI and PIL
Asked March 08, 2015

provisions regarding disposal of second appeal

  • 1 Answer
  • 375 Views

Are there any provisions or citations to dispose off the second appeal on urgently basis since the time limit is not fixed under Right to Information Act 2005? 1. The applicant was applied for birth certificates of his sons and little information to PIO under RTI Act 2005. On 26th June, 2014. 2. The concerned PIO is not furnished the information within stipulated time as sought by applicant. 3. The applicant filed the First appeal to senior in rank of PIO and the Senior of PIO has passed the order to PIO to provide the information as sought within 7 days of receiving this. On 14 Decmber,2014 4. The concerned PIO still not provided the information as sought due to malafide intention. 5. The applicant filed second appeal within stipulated time to Chief Information Commissioner On 28Febuary, 2015. The applicant is in need of birth certificates to obtain the caste certificates of his children for school purpose. However the applicant got know form officer commissioner office that, for disposal of his second appeal will take 2 (Two) years due to pendency of cases under RTI Act 2005

Answer 1

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Anubha Yadav
There is no such time period specified for speedy disposal of the second appeal under section 19(3) of the Right to Information Act, 2005. Even though the law is silent on this aspect, the Court in the case of Shri Shaji M.K. v. Central Information Commission (CIC) [MANU/CI/0084/2008] has stated that there is no time limit specified under the Act but the authorities must ensure that the appeal is disposed at the earliest. Examining several reports it can be seen that the authorities wanted that the second appeal must be disposed within 30 to 40 days like the time limit given for the first appeal. This report cannot be relied upon as the RTI Act itself does not given any time period. Therefore there is no time limit given for the second appeal under the RTI Act. In the given factual circumstances, the Applicant should approach the Chief Information Commission as the Commission is vested with a wide range of powers to deal with such situations. In addition to this the Applicant can claim compensation under Section 20 of the RTI Act as the information was not provided after the 1st appeal due to mala fide intentions. Reference: http://www.rti.india.gov.in/cic_decisions/Decision_25022008_02.pdf http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=538002297000 http://rti.gov.in/rti_fellowship_report_2011.pdf
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