Disposal of Second Appeal & Penal Action under RTI Act

 Article

Disposal of Second Appeal & Penal Action under RTI Act

The Right to Information Act, 2005 provides that the Central/State Information Commission shall decide the appeal in accordance with such procedure as may be prescribed. [Section 19(10)]

However, the Government of India has notified Right to Information Rules 2012 which apart from prescribing the fee also lay down the process of filing appeal and its disposal. There is no prescribed period for disposal of second appeal/complaint.

Return of Appeal: After preliminary inspection if it is found that the appeal is not accompanied by the documents as specified in rule 8, it may be returned by the Commission to the appellant for removing the deficiencies and filing the appeal complete in all respects. [Rule 9]

 

Process of appeal:  On receipt of an appeal, if the Commission is not satisfied that it is a fit case to proceed with, it may, after giving an opportunity of being heard to the appellant and after recording its reasons, dismiss the appeal. [Rule 10(1)]

 

However, no appeal shall be dismissed only on the ground that it has not been made in the specified format or if it is not accompanied by documents as specified in rule 8.

 

The Commission shall not consider an appeal unless it is satisfied that the appellant has availed of all the remedies available to him under the Act i.e. preferred an appeal before the first Appellate authority. A person shall be deemed to have availed of all the remedies available to him under the Act:


  • if he had filed an appeal before the first Appellate Authority and the first Appellate Authority or any other person competent to pass order on such appeal had made a final order on the appeal; or
  •  where no final order has been made by the first Appellate Authority with regard to the appeal preferred, and a period of forty five days from the date on which such appeal was preferred has elapsed.

Procedure for deciding appeals:  The Commission, while deciding an appeal may:

 

i.    receive oral or written evidence on oath or on affidavit from concerned or interested person;

ii.    peruse or inspect documents, public records or copies thereof;

iii.   inquire through authorised officer further details or facts;

iv.   hear Central Public Information Officer, Central Assistant Public Information Officer or the First Appellate Authority, or such person against whose action the appeal is preferred, as the case may be;

v.    hear third party; and ,

vi. receive evidence on affidavits from Central Public Information Officer, Central Assistant Public Information Officer, First Appellate Authority and such other person against whom the appeal lies or the third party.

Accord opportunity of hearing: The appeal shall be disposed of by giving an opportunity of hearing to both the appellant and the representatives of the public authority.

In case the Commission is satisfied that the circumstances exist due to which the appellant is unable to attend the hearing, then, the Commission may afford the appellant another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit.

Order of the Commission: The Commission shall pass an order in writing and issue it under the seal of the Commission duly authenticated by the Registrar or any other officer authorised by the Commission for this purpose.

Compliance of the Order: As the decision of the Central/State Information Commission is binding the public authorities need to comply with the decision in a time bound manner. However, in case they have any reservations they should go in appeal to the appropriate Court. 

Imposition of penalty: Section 20. The Central/State Information Commissions are empowered to impose penalty or recommend disciplinary action for non-compliance of the Act.  As such the Information Commissions if find, at the time of deciding any complaint or appeal is of the opinion that the Central/State Public Information Officer has:

  • without any reasonable cause refused to receive an application for information; or
  • not furnished information within the time specified under sub-section (1) of section 7; or
  • malafidely denied the request for information; or
  • knowingly given incorrect, incomplete or misleading information; or
  • destroyed information which was the subject of the request; or
  • obstructed in any manner in furnishing the information,

it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished. However, the total amount of such penalty shall not exceed twenty-five thousand rupees.

Grant an opportunity of being heard: The Central/State Public Information Officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.

Burden of proof: The burden of proving that the Central/State Public Information Officer acted reasonably and diligently shall be on the concerned Central/State Public Information Officer.

Penalty for persistent failures: Where the Central/State Information Commission at the time of deciding any complaint or appeal is of the opinion that the Central/State Public Information Officer, without any reasonable cause and persistently has:

  • failed to receive an application for information or
  • not furnished information within the time specified under subsection (1) of section 7 or
  • malafidely denied the request for information or
  • knowingly given incorrect, incomplete or misleading information or
  • destroyed information which was the subject of the request or
  • obstructed in any manner in furnishing the information,

it shall recommend for disciplinary action against the Central/State Public Information Officer, under the service rules applicable to him.

Protection of action taken in good faith 21. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder. 

Recovery of penalty: The penalty imposed shall be recovered from the defaulters by the public authority and shall be deposited in the appropriate government account, under intimation to the Commission. 

Deemed Public Information Officers: It may be clarified that deemed Public Information Officers are also being penalised for non-compliance.





FAQs

Q.1.     Is there any time frame for disposal of second appeal?

Ans.1. No.

Q.2.     Can Commissions impose penalty upon others involved in delays?

Ans.2.Yes.They are treated as deemed Public Information Officers are also being penalised for non-compliance.

Location: India

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