Functions and Duties of Appellate Authority
May I know what are the functions and duties of an appellate authority??
An appellate authority decides on the appeal filled for a judgment of the lower authority. The mandate of appellate authority is to ensure that due process of law is followed and the information which is rightfully to be disclosed in not denied on flimsy and useless ground.
There are two appellate authority
- 1st Appellate Authority: 1st Appellate authority is officer who is senior in rank to the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) as the case may be, in each public authority. Normally the Department/ Ministry publishes the CPIO and 1st Appellate Authority details, and also the decision of the CPIO carries the information regarding 1st Appellate authority.
- Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to 1st Appellate Authority.
- The 1st Appellate Authority has the power to admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
- An appeal shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
- The 1st Appellate authority has the power to direct the CPIO to provide full or part of the information so decided upon or to reject the appeal.
- A second appeal can be preferred against the decision shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.
- You can read about filing the 1st Appeal here!
- 2nd Appellate Authority: The 2nd appeal lies with Central Information Commission which means the Central Information Commission constituted under sub-section ( 1 ) of section 12 or the State Information Commission which means the State Information Commission constituted under sub-section ( 1 ) of section 15.
very comprehensive information Kushal, thanks for sharing.