What are the appellate authorities and time limit to file an appeal against the decision under the Right to Information Act, 2005 ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2023
What are the appellate authorities and time limit to file an appeal against the decision under the Right to Information Act, 2005 ?
Answer & Explanation:
Section 19 of the Right to Information Act, 2005 (RTI Act) lays down two stages of appeal, the First Appeal is to be made to the appellate authority and the Second Appeal lies with the Central Information Commission or the State Information Commission. The appeals process under the RTI Act is aimed at redressing any grievance suffered by the Applicants in a quicker way. First Appeal: Any person who, does not receive a decision within the time specified or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, may within 30 (thirty) days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority. However, such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Further, where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, under section 11 of RTI Act to disclose third party information, the appeal by the concerned third party shall be made within 30 (thirty) days from the date of the order. Second Appeal: A second appeal against the decision in First appeal as mentioned above shall lie within 90 (ninety) days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission. However, the Central Information Commission or the State Information Commission, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
Topics: Right to Information Act, 2005
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