Consumer complaint against CPIO?
i had filled a RTI. but purposefully he informed that it contains huge volume and asked to verify in person. but for last 01 & half year above he not providing any appoinment to verify the documents. here i wish to inform the thing that as my husband working in that office it very clear that the said document is NIL. the same was submitted before CIC and waiting for them for last 01 year. please tell me that can i file a consumer complaint gainst the CPIO. or please tell me the proper way to do.
Your question mentions both CPIO as well as CIC, which is slightly confusing as to what stage your case is on. Hence, we will help you on information about appeals under the RTI act. Kindly see what is applicable to you.
Under Section-19(1) of RTI Act, you can file a first appeal, if there is no response from the Public Information Officer within stipulated time limit, or the decision of PIO is not satisfactory, or the PIO has supplied incorrect / misleading information, or has demanded exorbitant further fee etc. First Appeal should be filed before the designated First Appellate Authority (FAA), who is an officer higher in rank than PIO. Details of First Appellate Authority are included in PIO's decision letter itself.
You need to send your appeal to the Appellate Authority within 30 days from the date on which you received the decision (or you should have received a decision) from the PIO. However, if you miss that deadline but the Appellate Authority feels that you have been prevented from making an appeal within this time limit for justifiable reasons, he/she may allow you to submit an appeal even after the 30 days have expired.
You must put the following in your appeal:
Brief facts: Narrate brief facts leading to first appeal, like date of filing of RTI Application before PIO , What information was sought, what was the PIO's decision, what information was supplied and what was not supplied or why you are not satisfied with the information.
Grounds for appeal: How and why you think the PIO was wrong. Also include provisions of rules and correct course of action which you expect from the PIO
Personal Hearing: FAA is required to grant you a personal hearing. But if it is not convenient to you, you need not include such a request in your appeal. It is not mandatory to appear for First Appeal hearings.
Prayers : Clearly indicate the decision required to be given by FAA. For example: "condone the delay in submission of appeal"; "grant personal hearing before deciding the appeal"; "direct the PIO to supply information within 10 days from the date of decision of the appeal"; "direct the PIO to supply information free of cost, since PIO failed to supply information within 30 days"; "direct PIO to supply full and correct information"; "direct PIO to supply certified copies of information"; "record and supply reasons for upholding the decision of PIO and rejecting the prayers of the appellant" etc.
Sign the Appeal at right bottom with date.
Documents to be attached with first appeal: 1. self attested photo copy of RTI Application, 2. self attested copy of PIO’s reply (if any), 3. any other document(s) supporting the grounds and pleadings in appeal.
A second appeal against a decision of an Appellate Authority to the State Information Commission (if it is a State Public Authority) or Central Information Commission (if it is a Central Public Authority) must be made within 90 days from the date on which the decision should have been made or from the date a decision was actually received. However, the Information Commission has the discretion to allow appeals after this period has expired.
Fill in the appeal form (sample Available here), index and chronological order of events. If you are filing appeal replace 'complaint/complainant’ with "second appeal/appellant”. Get one photocopy of:
Original application under RTI with its enclosures
First appeal with its enclosures
Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other charges
Copy of demand letter of CPIO for charges if any
Postal proof of mailing original application and first appeal
Postal AD slips/official acknowledgement received from CPIO and FAA
Decisions of CPIO and FAA if received
Mail the original set and one extra copy by registered post to the commission at the following address: The Registrar, Central Information Commission, II floor, August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066
There is no time limit for the Information Commission to decide on an appeal.
COMPLAINT TO CIC:
Instead of making an appeal to the Appellate Authority and then the Information Commission, you also have the option of approaching the Information Commission directly and submitting a complaint under section 18(1) of the Act if you are not satisfied with the decision of a PIO or if you think a public authority is failing to comply with its information duties under the Act. There is no prescribed Fee and Format. However, minimum and essential attributes like Name and full address of complainant, full address of Public Authority and the cause of complaint with specific reference to the section violated must be put in your complaint. All dates and events leading to the complaint must be clearly written in the complaint, in chronological order.
If you have done all this and are still not satisfied with the decision after the appeal, then you can file a writ before the High Court, challenging the decision.
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