Appeals under DRTI Act, 2001 and Miscellaneous Aspects

 Article

Appeals under DRTI Act, 2001 and Miscellaneous Aspects 

The Delhi Right to Information Act, 2001 provides for filing a single appeal against the orders of the Competent Authority or for non-receipt of response. This appeal can be filed with the Public Grievances Commission of Government of NCT of Delhi which is an autonomous organisation. Its address is given below: 

Public Grievances Commission,

Government of NCT of Delhi,

M Block Vikas Bhawan, ITO, New Delhi 110110

EMAIL – pgcdelhi@nic.in 

Functions of Public Grievances Commission: The Public Grievances Commission (PGC) was set up with the prior approval of the Central Government, Ministry of Home Affairs. The PGC came into being under a Resolution No. F.4/14/94-AR dated September 25, 1997 issued by the Government of NCT of Delhi. 

This Commission is a forum where the public can lodge their grievances against organizations of Government of Delhi and its local bodies, autonomous bodies, undertakings, etc. It is a body which cross-cuts sectors, departments and agencies and provides a simple, virtually paperless mechanism where the public can personally speak their mind pointing out the difficulties they have faced. 

The complaints can be lodged with the PGC when citizens find that despite having approached the concerned agency, department or local body, the matter remains unresolved. During hearings in the PGC, the complainant and the departmental officers are heard side-by-side. Full consideration is given to the problem as a relatively senior officer usually attends the hearing. 

The most unique aspect of the Commissions working is the opportunity that it provides to each complainant to express his grievance, as he views it, face-to-face with the department officers instead of through correspondence and documentation. The departmental officers are often convinced by the applicants’ point of view and they undertake to correct a visible wrong. 

The Commission after hearing both sides passes a speaking order indicating what needs to be done. As a result of this approach it is possible to alleviate many of the genuine problems faced by the public. Where inaction, harassment or corrupt practices are prima facie evident, the Commission draws its own conclusions on the facts available and recommends that disciplinary enquiries be started against the officials. The Commission also passes an order on how the grievance should be settled. 

This Commission has also been declared as the only Appellate Authority under the DRTI Act, 2001. 

Appeal: Any person who fails to get a response from the Competent Authority within thirty days of submission of Form ‘A’, or is aggrieved by the response received within the prescribed period, may file an appeal in Form ‘E’ to the Public Grievances Commission of Government of NCT of Delhi. 

Fees: The appellant has to deposit fee of Rs 50/- for appeal as per DRTI Rule 8 with the authorized person. 

Action by the Commission: On receipt of the appeal, the Public Grievances Commission shall acknowledge the receipt of appeal. After giving the applicant an opportunity of being heard, the Commission shall endeavor to dispose it of within thirty days from the date on which it is presented. It shall send a copy of the decision to the competent authority concerned. 

Admissible Time frame to file Appeal: Where the appeal is filed on the ground that the appellant has failed to get a response from the authority within thirty days of submission of Form ‘A’, the time frame admissible for filing appeal is sixty days from the date of the submission of the application in Form ‘A’. 

Where the appeal is filed on the ground that the appellant is aggrieved by the response received within the prescribed period, the time frame admissible for filing appeal is thirty days of the issue of the response appealed against. 

Implementation of Orders of the Commission: In cases where the appeal is allowed, the information shall be supplied to the applicant by the Competent Authority within such period as ordered by the appellate authority.  This period shall not exceed thirty days from the date of the receipt of the order. 

Penalties: In cases where it is found that someone has failed to supply information under DRTI Act the penalty shall be imposed. The person(s) who fails to furnish the information asked for under the DRTI, 2001 within the time specified or fails to communicate the rejection order, shall be liable to pay a penalty of fifty rupees per day for the delayed period beyond thirty days subject to a maximum of five hundred rupees per application, filed under DRTI Rules. 

In case the information supplied is found to be false in any material particular and which the person bound to supply it knows or has reasonable cause to believe it to be false or does not believe it to be true, the person supplying the information shall be liable to pay a penalty of one thousand rupees per application, filed under DRTI Rules. 

Suo-motu Publication of Information by public authorities: The public authority shall suo-motu publish information as per clause (b) of section 4 of the Act by publishing booklets, folders and pamphlets at the following intervals: 

  • Particulars of its organization, functions and duties - Once in five years.
  • Powers and duties of its officers and employees and the procedure followed by them in the decision making process - Once in two years.
  • Norms set by the public authority for the discharge of its functions - Once in two years.
  • Laws, bye-laws, rules, regulations, instructions, manuals and other categories of records under its control used by its employees for discharging its functions - Once in five years.
  • Details of facilities available to citizens for obtaining information - Annually.
  • Name, designation and other particulars of the competent authority - Annually. 

Such information shall also be made available to the public through information counters, medium of internet and display on notice board at conspicuous places in the office of the competent authority and the Public Grievances Commission. 

Formation of State Council for Right to Information: The State Council for Delhi Right to Information shall consist of a Chairman. The Chief Minister of Delhi shall be ex-officio Chairman. The State Council shall consist of the following members: 

  • Minister In-charge of the Administrative Reforms Department/Finance Minister (if Chief Minister is the Minister In-charge of the Department of Administrative Reforms).
  • Three Members of the Legislative Assembly of NCT of Delhi.
  • Chief Secretary, Government of NCT of Delhi.
  • Five officers from amongst Principal Secretaries/Secretaries/Head of Departments, Government of NCT of Delhi.
  • Two representatives of the Media (Print/Electronic).
  • Four representatives of non-government institutions.
  • Two representatives of resident welfare associations.
  • Two representatives of industry / trade / commerce.
  • Secretary in-charge of the Department of Administrative Reforms shall be Member Secretary. 

The three members of the Legislative Assembly of the National Capital Territory of Delhi, of whom one shall be woman, shall be nominated as members of the State Council for Right to Information by the Speaker of the Legislative Assembly. 

The seven officials and ten non-official members of the State Council shall be nominated by the Government. 

Maintenance of Records: The competent authority shall maintain records of all applications received for supply of information and fee charged. 

The Public Grievances Commission shall maintain records of all appeals filed before it and fee charged. 

Form 'E'

Appeal under Section 7(1) of the Delhi Right to Information Act, 2001

(See rule 5(1))

I.D. No.____________

(For official use)

To,

The Secretary,

Public Grievances Commission

M  Block , Vikas Bhawan

New Delhi.

1.         Name of the appellant                                                        :

2.                2                    Address                                                                     :

3.         Particulars of the Competent Authority                :

(a) Name                                                                    :

(b) Address                                                                :

4.         Date of submission of application in Form-A     :

5.         Date on which 30 days from submission

 of Form A is over                                                      :

6.         Reasons for appeal                                                 :

                          (a) No response received in Form B, or C

within 30 days of submission of

Form A (Rule 5(1)(a)

(b)  Aggrieved by the response received within

      prescribed period (Rule 5(1)(b))

      (A copy of the reply receipt be attached)

     (c)   Grounds for appeal.

7.         Last date for filing the appeal. (Please see

            Rule 5 (3)                                                                  :

8.         Particulars of Information -

(i)         Information requested:

(ii)        Subject:

(iii)       Period:

9.         A fee of Rs.50/- for appeal has been deposited in P.G.C. vide receipt No._____________ dated ___________.

Place:

Date:

Signature of Appellant

E-mail address, if any

Tel. No.(Office)____________

(Residence)____________

 

 

Acknowledgement

I.D.No.____________.                                                                                            Dated:

Received Appeal application from Shri _______________________________________ resident of _____________________________________under Section 7(1) of the Delhi Right to Information Act, 2001. 

                    Signature of the Receipt Clerk,

                   Public Grievances Commission.

 Tel. No.__________________________

E-mail Address ___________________

Web-site ________________________

Location: India

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