New turning point in the appeal to cic can cic refuse to accept method to send second appeal

[msrgdadhich]

Dear all, as you might be aware that i have used the weapon of rti to fight against the misuge of powers against me by high court of uttranchal. I have appealed against withthe appeallate authority and then on being refused had a word with the spio, who was recently appointed to that post around two days back only and he assured that he will take initiative and he did, the same thing i confirmed with an email to them and the same was accepted by the spio and date of hearing was fixed but not attended by me. Result of the same also came against my wishes and being agrieved with the same i filed an appeal to cic against the decision.

I sent hard copies of all the relevant documents along with a written application to cic, after 20 days, when no response from the same, i approached to many authorities through telephone as well as through email and in that i came to know that the appeal was received but has been lost somewhere, meanwhile three months passed and then i decided to file online appeal to cic.

I filed online appeal to cic along with the grievance of loosing the appeal sent to cic through registry.

The same process was seen here, no response and now i received an emial from the secretary to cic that your appeal has now found and as you have not attached the copy of the second appeal, your appeal is now pending, but you can send the same through email asap. I immediately replied the email quoting the email sent to spio for second appeal, now today i received the email saying that your appeal cannot be registered as it does not contain the copy of second appeal, when i the spio has himself considered the email, does the cic authorities are having right to not to consider the mode of sending second appeal through email.

Please guide me what to do

do they consider us fools, shall i leave it up accepting the fact.

Manish sharma

Similar Threads which you may be interested into:

• Need Help: Best method to send RTI application to a CPIO
• Question: Can CIC accept appeal for exempting CPIO from giving info after CIC has issued the order to do so ?
• Need Help: What to do if PIO & AA do not accept serving of notice for Second Appeal
• What if First Appelant doesnt accept your appeal ?

[karira]

Sponsorer

The jurisdiction of Second Appeals with respect to High Courts lie with the State Information Commission (SIC) and not the CIC.

File your Second Appeal with the SIC - in case you re still within the time limit of 90 days of receiving the FAA's order.

[msrgdadhich]

i am not cleared about the same, please clarify, as I have already made second appeal to the Highcourt SPIO, and he has also denied the same, is there third option to again approach to State CIC

[karira]

Manish,

In your case the RTI process should have been:

Step 1: RTI application to designated SPIO of the High Court
Step 2: First Appeal to the Fist Appellate Authority of the High Court
Step 3: Second Appeal to the State Information Commission (SIC) of the respective state where the High Court is located

[karira]

As per following decision of the CIC, only CIC has jurisdiction over High Courts of various States and the CIC has decided that all matters concerning High Courts will be heard by a 2 commissioner bench:

http://cic.gov.in/CIC-Orders/AT-13032009-07.pdf

The matter was listed for hearing before Division Bench in view of decision taken by this Commission in its Weekly Meeting that all appeals and complaints filed against various High Courts should be heard by a Bench consisting of two Information Commissioners.

10. The first issue which has been raised in this case relates to jurisdiction of this Commission to deal with the matter. Although this issue was not pressed at the time of hearing, yet it is necessary to determine and decide the matter.
11. The Right to Information Act, 2005 provides for constitution of the Central Information Commission under Section 12(1) of the Act and the State Information Commission under Section 15(1) of the Act to exercise the powers conferred and to perform the functions assigned to and under the Act. The Central Information Commission is constituted by the Central Government and the State Information Commission is constituted by the respective State Government.
12. Since the Central as well as the State Information Commissions are constituted by the respective Governments, their jurisdiction will naturally be separate and distinct. What would come within the domain of the State would fall within the jurisdiction of the State Information Commission and whatever is within the domain of the Union of India will be within the exclusive jurisdiction of the Central Information Commission.
13. As per the definition of the ‘Public Authority’ appearing in Section 2(h) of the Right to Information Act, 2005, the Central Information Commission should have exclusive jurisdiction in respect of all public authorities, which are established or constituted –
(i) by or under the Constitutional provisions concerning Union of India;
(ii) by any other law made by Parliament;
(iii) by notification issued or order made by the Central Government,
(iv) anybody owned, controlled or substantially financed directly or indirectly by funds provided by the Central Government;
(v) non-Government organization substantially financed directly or indirectly by funds provided by the Central Government.
14. The constitution and organization of the High Courts is within the legislative ambit of the Parliament under Entry 78 to the Schedule VII of the Constitution. Article 231 of the Constitution provides that the Parliament may by law establish a common High Court for two or more States or two or more States and Union Territories. Thus, all the High Courts as Public Authorities under the Right to Information Act, 2005 will come within the jurisdiction of the Central Information Commission and not State Information Commission.