I think, the position with regard tothe first appeal and second appeal should be very clear. As per the
RTI Act, he first appeal is filed with the AA and the second appeal with the commission. If a person files appeal directely with the Commission, it cannot be termed as "second appeal" in a real sense, although it may be covered under the definition of a complaint. The complaint, which has been discussed under S.18 may result into inquiry, whereas the appeal under section 19 may result in the quasi-judicial order. If we skip the channel of filing the first appeal, we ourselves are violating the provisions. Sometime the hit and trial method (as discussed by Respected colnrkurup) may work, but this is not the legal way of enforcing the things. At present, the
RTI Act is in its stage of infancy and such things works, but as it will grow, and the people will get awared with the Act, such things may not work. Since we are the members of an excellent forum, we should be very clear about the proper procedure. At present, most of the Commissions are manned by the bureaucrats, who themselves are not expert in legal affairs, but tomorrow, if an expert of legal affairs is there, such hit and trial may not work.
Since linardni is confused with the "first appeal" and 'second appeal", I thought it prudent to have an attempt to clear his doubts. Thanks