Which body has the jurisdiction to entertain first appeal under the Right to Information Act, 2005?

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Is there any format for filing first appeal according to Right to Information Act, 2005?

Section 19 of the Act deals with Appeals under RTI Act.  Section 19 states that any persons who does not receive any decision within the stipulated period of time or is aggrieved by a decision of the Central or State Public Information Officer, and if preferred to file an appeal, shall file the appeal within 30 days from the date of such expiry period or from date of receipt of the decision, with officer who is senior in rank to the Central or State Public Information Officer.  Appeals beyond the stipulated time is not allowed unless sufficient cause stated by the Appellant that prevented him to file the appeal in prescribed time,  is satisfied by the First Appeal Authority.  If the appeal is against the order of Public Officer concerning disclosure of any third party information, appeal by third party to be made within 30 days from the date of order.

Though there is no specific format given in the Act or the Rules for filing a First Appeal, the procedure given under Right to Information Rules, 2012 can be considered in filing the First Appeal.  Rule 8 prescribes the format for filing an Appeal.  The appeal should be filed along with the following documents duly authenticated and verified by the Appellant,

  • a copy of the application submitted to the Central Public Information Officer;
  • a copy of the reply received, if any, from the Central Public Information Officer;
  • copies of other documents relied upon by the appellant and referred to in his appeal
  • Brief facts that lead to the appeal
  • Prayer or relief sought
  • Grounds for the prayer or relief
  • Any other relevant information to the appeal
  • Verification/authentication by the appellant
  • Documents index referred to in the appeal.

Which are the appellate authorities under the Right to Information Act?

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Along with the above documents, the appellant should send information stated herein to the Appellate Authority.

  1. Name and address or the appellant
  2. Name and address of the Central Public Information Officer to whom the application was addressed
  3. Name and address of the Central Public Information Officer who gave reply to the Application
  4. Particulars of the application
  5. Particulars of the order(s) including number, if any, against which the appeal is preferred

Rule 9 of the Rules states that an appeal may be returned to the Appellant if the appeal is filed without any supporting documents as specified in the Rule 8 of the Rules for compliance of filing procedure.

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Adv. Anitha Gutti

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