I want to file an appeal before the appellate authorities regarding right to information. What is the specified time to file such appeal?
The Central Public Information or State Public Information Officer is obliged to provide the information requested by any person. Any person not received a decision or aggrieved by the decision he may file an appeal against the Central Public Information Officer or State Public Information officer. Section 19 of the RTI Act deals with Appeals to be filed under Act. As per this section, an appeal can be filed within 30 days from the expiry of such period or from the receipt of such decision. Such appeal should be filed to such officer, who is senior in rank to the Central Public Information Officer or State Public Information Officer. Applicant also has the opportunity to file a second appeal the decision made in the First Appeal. The Second Appeal should be filed within 90 days from the date of the decision of First Appellate Authority, before Central Information Commission or the State Information Commission. Appeals filed after the prescribed period may be allowed if Authority dealing with such appeal is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
In addition, Section clearly instructs that if the information sought is related to the third party, for which the Appeal has been filed, Central Information Commission and State Information Commission should give a reasonable opportunity of being heard to that third party. In the appeals it is clearly stated that onus is on the State or Central public information officers to prove their justification for denial in providing information. Section also stated that stipulated time for dispose the appeals. As per the provision stated therein, the authority should dispose of the first appeal within 30 days from date of receipt of appeal or if extended but not beyond 45 days from date of filing, reasons to be stated for such extension by the officer. Section 19(7) stated that the decision of the Central Information Commission or State Information Commission shall be biding.
Adv. Anitha Gutti