Quote:
Originally Posted by ganpat1956  The remedy provided u/s 18 is meant for different circumstances than the one u/s 19. An appeal is a process under which the earlier decision of a PIO is contested before his superior. Suppose no decision is forthcoming in respect of a petition, then how does one make an appeal? It has to be only by way of a complaint for non-receipt of a decision. It will be better to analyse and discuss these matters based on specific individual cases, rather than making a generalised sweeping approach over the superiority of one section of the Act over the other. |
With due respect, I would like to submit that if the first AA does not decide the appeal with in the specified time (30 days or 45 days, as the case may be), the appellant is free to file a second appeal in the matter. Non-deciding of first appeal within the specified time is like a deemed refusal to decide the apeal. This can be compared with the deemed refusal of the
PIO to provide the information. Since, we have not to wait for the
PIO to reject the application for information and the first appeal can be filed after the lapse of statutory period of 30 days, similarly, if the first AA does not decide the appeal within the specified time, the second appeal may be filed. Moreover, under S.18 there seems to be no ground to make a complaint if the first appeal has not been decided. I think, the only recourse left is to file the second appeal.
I would also like to submit here, with due respect, that I had made the comparison of both the sections, in the light of discussion. I mean, if no decision is forthcoming from the
PIO on the application or correct information has not been provided, then the better course is to file the first appeal, instead of making complaint. Moreover, it has been made clear under s.18 itself as to in which cases, the complaint can be made.