Complaint & appeal

[R B CHAVAN 2]

Sir,

       What is the difference between a complaint & an appeal to the Information Commissioner. Can a complaint be withdrawn.     

[Sunil Ahya 787]

For seeking Information:

1. File a RTI application under section 6(1) of the RTI Act with the concerned Public Information Officer (PIO);

2. If you do not get the information from the PIO, then file a first appeal under section 19(1) with the concerned First Appellate Authority;

3. If you do not get the information despite filing a first appeal, then file a second appeal under section 19(3) with the concerned Information Commission.

For Complaining:

Consider the following example situations:

> There is no available PIO with whom a RTI can be filed, how would you then file the RTI?

> The Information Commission has passed an order in second appeal that information be provided to the RTI appellant. Yet, despite the Commission's Order the PIO does not provide the information.

In such cases, one may file a complaint under section 18(1) of the RTI Act, with the concerned Information Commission.

 

[Prasad GLN 1,782]

There are interesting blogs and also comments by many of our forum stalwarts like Hon.Karira, Ms.Raveena and Mr.Sunil.

Further there was a recent discussion on HC Judgment .

The Supreme Court Judgment on the difference is also available in the forum.

Both serve different purposes.

When first appeal could not be filed, or could not be filed within time frame,  when information is not important within reasonable time a complaint can be filed under Sec.18.  Remember, that complainant is not entitled to seek information but can only pray for other remedies like penalty and recommendation for disciplinary action which are once again discretionary powers of IC.

The valid point in RTI is that a citizen is only entitled to information alone as a right, and other remedies like penalty, recommendation for disciplinary action etc., are ICs' discretion.  Even when there are Prayers, Ics may not consider unless the deliberate and malafide denial is apparent on face of it with all seriousness.  Not even 0.01% of prayers in appeals/complaints for such remedies are considered.

In case of Sec.19, applicant has submit first and second appeals with in prescribed time frame and can seek information as a right and can also pray for all remedies like imposing penalty for delay and for recommendation for disciplinary action.