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Devi Krishan Sharma

Can a complaint be transformed in Second appeal by the IC himself without any pleadings in this regard?

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Devi Krishan Sharma

The ICON IC Mr. Yusufi has transformed the complaint under field U/S 18 of RTI Act into the second appeal without any cause of it (File No. CIC/KY/C/2014/000341 decided on dated 01.05.2015). He also preferred to chose to by pass the ingredients scribed in complaint on pretext of complainant not attended the hearing or without not giving any opportunity to complainant for appearing on any other suitable day to come in. Is the action of Mr Yusufi is in consonance with the law of land as on today?

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rtiindia

Hi Devi Krishan Sharma and welcome to RTI INDIA- Right to Information! This is an introductory reply and members of our forum shall reply to your specific query shortly.

 

You have just made a post at our community which is dedicated to helping you in matters of Right to Information. If you are new to RTI, you should read this article here What is Right to Information? - Guide. And if you are interested in reading the whole RTI Act please go to the following link: Right to Information Act 2005 [RTI Wiki]

 

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Devi Krishan Sharma here are some more links for you to explore about #RTI:

 

1. Download RTI Forms: http://www.rtiindia.org/forum/docs/cat/11-sample-rti-forms/

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Thank You!

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MANOJ B. PATEL

Complaint u/s 18 made to IC can not be converted in to appeal and transferred. In a matter of Dr. Nazrul Islam v. SPIO Appeal No. 1325(3)-WBIC/RTI/116/07 decided on 27.9.2007 (WBIC) it was held that; "When commission receives complaint u/s 18(1), the RTI Act makes it duty bound upon the commission to inquire in to the complaint."

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karira

No he is not correct in converting the Complaint to Second Appeal.

 

If the appellant did not attend the hearing, at most he could have passed the order based on the material available on record.

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