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RTI_Disclosures
RTI Act, 2005
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Appeals:-
There are two levels of Appeals
under the RTI Act - First Appeal and Second Appeal.
(a) First Appeal:
The applicant have the right to
make an appeal to the First Appellate Authority of the Public Authority, if:-
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The PIO or APIO refuses your
application.
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the citizen/applicant is
aggrieved by the decision of the PIO.
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The fee charged is
unreasonable.
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Information is not provided
within the time limits.
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The information provided is
incomplete, misleading or false
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Unsatisfactory mode of
information
-
Not provided in the same format
sought
Appeal may be submitted to the PIO
or APIO within 30 days from date of expiry of time limit or the receipt of
decision.
b) Second Appeal:
STILL, if the applicant is not
satisfied with the decision of the First Appellate Authority or do not receive
any decision of First Appeal within 30 to 45 days, the citizen have the right to
make an appeal to the Central/State Information Commission within 90 days from
the date on which first appeal decision was actually made or from the date on
which first appeal decision was actually received.
Appeal shall contain:-
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Name & address of the applicant
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Name & address of the PIO
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Details of the Order against which appeal is made – including No., date &
PIO.
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Brief facts leading to the appeal
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Prayer or relief sought.
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Grounds for prayer or relief
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Provisions of the Act or the rules
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Verification by the appellant
- Any
other information required in deciding the appeal.
Documents to accompany the
appeal:-
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Attested copy of the order against which the appeal is being preferred.
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Copies of documents relied upon by the appellant and referred to in the
appeal.
- An
index of the documents referred to in the appeal.
Procedure in deciding
appeal:-
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Hear oral or written evidence on oath or affidavit from concerned person,
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Peruse or inspect documents, public records or copies thereof,
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Inquire through authorised officer further details or facts,
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Hear the PIO, APIO or such Sr. officer who decide the first appeal,
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Hear the Third Party
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Receive evidence on affidavits from PIO, APIO or such Sr. Officer who decide
the first appeal or third party
Service of notice issued by
Commission through:-
-
Service by the party itself,
- By
hand delivery (dasti) through Process Service,
- By
registered post with acknowledgement due,
-
Through HOD or Office.
Signing of order:-
Shall be in writing and authenticated by the Registrar or any other officer
authorised by the Commission for the purpose.
Click to download the Nagaland
State Information Commission (Appeal Procedure) Rules, 2005.
[pdf format]
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