Re: Is First Appeal Obligatory prior to Complaint under Section 18 | | Yes. However, the outcomes of the complaint and second appeal are different. The complaint is made under S.18 of the Act, which results into an inquiry. A complaint is a form of legal process which consists of formal allegation or charge against a party. Making a complaint does nor confer a right on the complainant. It is discretionary on the part of Information Commission to initiate an inquiry. If the Commission is satisfied that there is no substance in the complaint, it may not take a cognizance on the complaint and may not initiate an inquiry.
However, an appeal is the right of entering a superior court / forum and invoking its aid and interposition to redress the error of the court / forum below. It is obligatory on the part of the Commission to deliver a decision on the appeal. Moreover, the appeal results into a formal order. Therefore, the provision of second appeal under S.19 is more forceful than the provision of complaint under S.18 |