Appeal and Complaint under Right to Information Act

In case of non-receipt of any reply/information from the Public Information officer within stipulated time, Complaint against him can directly be filed in Information Commission under section 18 of the Right to Information Act. In case of incomplete/ incorrect information or unjust denial of disclosure of information, first appeal can be filed within 30 days of receipt of the reply, before the Appellate Authority under section 19 (6) of the Right to Information Act. Appellate Authority is the officer senior to the rank of the Public Information Officer in the same Public Authority.

Appellate Authority also gets 30 days to dispose of the first appeal. In case of third party information, he also gets additional 15 days to hear third party as well. In case the decision of the Appellate Authority is not satisfactory, Second Appeal can be filed before the before Information Commission within 90 days of receipt of the decision of the Appellate Authority under section 19 (1) of the Right to Information Act. Information Commission has not been given any time limit to dispose of appeals/ complaints. The decision of the Information Commission is final and binding to all parties. For matters pertaining to Central Government and Union Territory establishments, the Central Information Commission in Delhi has the jurisdiction. For every State Government establishments, the State Information Commission of the state has the jurisdiction over such appeals/ complaints.

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