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Old 09-01-2007, 11:19 PM
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Re: Application for Second Appeal

I came across a recent decision of CIC from which I am furnishing the following extracts:

Because the 1st appellate authority has not addressed the questions of appellant, which are of direct concern to the office of his public authority and because appellant has pleaded no ground for making a direct complaint to us u/s 18, or apprehension of malafide on the part of the DoPT, the Commission has decided to remand this appeal to Director IIFM, 1st appellate authority who is directed to dispose of the appeal of Ms Banerjee within 10 working days from the date of receipt of this decision, under intimation to Shri PK Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with the information so provided appellant Ms Banerjee will be free to move a fresh 2nd appeal before us as per Sec 19 (3).
[Decision in respect of Appeal No CIC/WB/A/2007/00131 dated 05.02.2007].

Strangely in this case, the CIC has not called for the comments of the CPIO & AA to decide the matter, but has simply remanded it back to the AA because the appellant has not pleaded any complaint u/s 18. This suggests to all the appellants to invariably make a complaint on any one of the grounds listed u/s 18(1), while filing their appeals.

Last edited by ganpat1956; 09-01-2007 at 11:20 PM.
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