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ys_peace

RTI Complaint format before CIC

Question

ys_peace

Hello All,

I am looking for the format of Complaint for RTI before CIC.

Also, please share the procedure about submitting online complaint before CIC.

 

Thanks in advance

 

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Prasad GLN

There is no prescribed format for complaint to CIC. Normal format is as below.

Before

CENTRAL INFORMATION COMMISSION, New Delh.

Complaint  dt....................................................................No.../2018

Public Authority.:...............................

Complainant:....................................................

1.Brief facts: Complainant has filed RTI Application seeking information on.....................................there was no response, hence treating the information as deemed denial this first appeal.

or

PIO has responded on.................and PIO has not provided complete, correct and relevant information. 

Self attested copies of RTI Application with service proof and PIO response enclosed.

 

2.Grounds for complainant:  CPIO has deliberately with malafide intentions not provided information thus failing in his duty and statutory obligation  or  provided incorrect, misleading and incomplete information. 

3.PRAYER: Appellant prays for imposing penalty and recommendation for disciplinary action against CPIO in failing in his statutory obligations.

 

Complainant.

Please search CIC website for online procedure which is user friendly.

Please do not think that complaint to CIC can bring information, and even complaint comes up for hearing only after 2 years, and IC can not order CPIO to provide information, and very  rarely fines the CPIO.

Instead go for first appeal and seek personal hearing opportunity and after FAA orders seek all remedies under RTI Act including providing of information.

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ys_peace

one person filled complaint after 1st Appeal, and his case was decided within 4 months.

And best thing is CIC directed FAA to provide the information within 10 days.

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Prasad GLN

Members can guide on precedents alone.

Supreme Court has categorically stated that a complaint under Sec.18 is not eligible for information.

CIC might have considered the complaint after first appeal as second appeal which is their discretion.

The hearing might have been out of turn depending on appellant's eligibility for priority hearing.

The advice is not for filing first appeal, the advice is specifically for going to second appeal after exploring options of first appeal.

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ys_peace

Can we submit both complaint and 2nd appeal at the same time (but separately)?

if yes then what generally cic will consider first?

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Prasad GLN

They serve for two different purposes.

Sec.18.Infact complaints should be given priority, as a mere show cause notice (Ritual uniform format) is enough and the things to be decided are whether complete, relevant and correct information was provided or not, but IC can never order for providing of information as per SC Judgment.  Complainant can only pray for penalties and disciplinary action against PIO, which ICs rarely resort to, as it is left to their discretion and it is in between PIO and IC without interference from complainant.

Sec.19. Coming to second appeal, the focus on information, and hearing may take place much late, and appellant can as usual seek all remedies under RTI Act 

I always go for second appeal only, as information is focus, and IC rarely imposes penalty.  I avoid complaints, but experts in the forum say that it serve two different purposes and both complaint and second appeal can be combined in one format.

 

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