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Complaint & appeal


R B CHAVAN
Go to solution Solved by Sunil Ahya,

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R B CHAVAN

Sir,

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 Can a complaint be withdrawn.     

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Prasad GLN

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.

 

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