IC O P Kejariwal has recently passed two orders :
http://cic.gov.in/CIC-Orders/OK-11042008-09.pdf Since the Applicant should have filed her complaint within four months of filing her first appeal (in this case, the Applicant had filed her second appeal only on 22.10.2007, that is, six months after filing her first appeal), it is a time barred one and not tenable under the RTI-Act. Accordingly, the Commission treats this case as closed.
http://cic.gov.in/CIC-Orders/OK-11042008-08.pdf On going through the complaint, the Commission found that he had filed the second complaint more than four months after he was supposed to receive a reply from the First Appellate Authority and hence his complaint becomes time barred. The Commission, therefore, treats this case as closed.
(PS: There is no such thing as Second Complaint...only a Second Appeal !)
As per my reading of Sec 18 and Sec 19 of the
RTI Act, there is a time limit for filing Second Appeal with the
SIC/
CIC....Sec 19(3).
But the act does not provide for any time limit for filing a complaint.
Probably someone in
CIC registry is confused between Sec 18 and Sec 19.
Can members clarify what is the correct position ?
If indeed there is no time limit for making a Complaint under Sec 18, what should these two applicants do ?