Page 2 of 2 FirstFirst 12
Results 9 to 12 of 12

Thread: 1st Appellate Authority Fo Cmm Calcutta

  1. #9

    Re: 1st Appellate Authority Fo Cmm Calcutta

    Dear CHANCHAL,

    Send your First Appeal to Public Information officer with request to forward the Same to the Appropriate First appellate Authority.

    This procedure can be also be applied to the submit the 2nd Appeals.

    CPIO/SPIO will do the needful.

    AS such u/s 5(2) SAPIO/CAPIO are required to receive appeals & forward the same.

    And u/s 2(c) and u/s 2(m) there's not much diference between CPIO/CPIO
    and SPIO/SAPIO.

    I am quoting the relevant portions for your reference.

    2.(c) / (m): "C/SPIO" means the C/SPIO designated under sub-section (1) and includes a C/SAPIO Officer designated as such under sub-section (2) of section 5;.

    N.B. I have merged both sections. So read accordingly.

    5.(2) "to receive the applications for information or appeals under this Act for forwarding the same forthwith to the CPIO or the SPIO or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be"


    Last edited by sidmis; 27-06-08 at 05:51 PM.

  2. #10
    C J Karira
    Blog Entries
    Rep Power

    Re: 1st Appellate Authority Fo Cmm Calcutta


    This issue discussed many times on the forum. Just search for it.

    The main posts you can refer to are:

  3. #11

    Re: 1st Appellate Authority Fo Cmm Calcutta

    The RTI case of Chanchal involves a State PIO & comes under the jurisdiction of WB State Information Commission.

    Many times the decisions of the Central Information Commission do not cut much ice with the State Info Commissions / FAAs / sPIOs & Vice Versa.

    I have heard SICs bluntly saying that they are not obliged to follow what the CIC is doing since they are INDEPENDENT bodies & capable of taking independent decisions.

    Is there any precedent when an Appellant has quoted a decision of an SIC and the CIC accepting the same gladly?

    Thus IMHO showing the rule book too is a better option than quoting only CIC decisions & getting rebuffed.

  4. #12
    C J Karira
    Blog Entries
    Rep Power

    Re: 1st Appellate Authority Fo Cmm Calcutta


    There are many decisions of SIC's and CIC's where appellants or respondents have cited decisions of one to the other and vice versa. In most of the cases, the CXIC or SIC has heard the appellant and also taken a view as to whether the facts of the case and the decision arrived at are applicable to the matter on hand.

    However, the decisions of one are not binding on the other.

    The RTI Act, 2005 is based on the federal principle and the Commission
    should not overlook this principle in our functioning. The RTI Act has provided
    for establishment of CIC at the Central or Union level and State Information
    Commissions at State level. These have been set up by the Union Government
    and State Governments respectively. Further the Union and the State
    Governments have been authorized to frame rules etc. for the Commissions set
    up by them. These rules may be framed according to the needs and
    requirements of the respective governments and need not be uniform. Further,
    there is no provision for any appeal from the orders/decisions of State
    Commissions to Central Information Commission and decisions of CIC may not
    be binding on State Information Commissions; at best they may be only of
    persuasive value.

    Appellant has cited decisions of other State Government
    Commissions in this regard. Since the issue raised impinges on a number of
    decisions announced by this Commission in several cases and similar cases
    before State Information Commissions, the matter is referred to the full bench of
    the Commission for a final decision on the complaint of Shri Rakesh Kumar

Page 2 of 2 FirstFirst 12


    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook Apple App Store Google Play for Android