Discuss the rights available to a person under the Right to Information Act, 2005 who does not receive a decision within the specified time or is aggrieved by a decision of the PIO.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Discuss the rights available to a person under the Right to Information Act, 2005 who does not receive a decision within the specified time or is aggrieved by a decision of the PIO.

Answer & Explanation:

Any person who does not receive a decision within the specified time or is aggrieved by a decision of the PIO may file an appeal under section 19 of the Right to Information Act, 2005 as follows: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown). Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority (delay may be condoned by the Commission if sufficient cause is shown). According to section 19 of Right to Information Act, 2005, Burden of proving that denial of information was justified lies with the PIO. First Appeal shall be disposed of within 30 days from the date of its receipt or within such extended period not exceeding a total of forty-five days from the date of filing thereof, for reasons to be recorded in writing.

Topics: General Laws

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