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Thread: Application for Second Appeal

  1. #17

    Re: Application for Second Appeal


    I am citing a portion of the decision by CIC in case no. F.No.CIC/AT/C/2007/00372
    Dated, the 22nd February, 2008 in which the issue of complaint and appeal appear to have been decided as follows:-
    "The initial few words of Section 18 are significant. These read as “Subject to the provisions of this Act…...”. Constructively interpreted, these would imply that Section 18 should be invoked provided other provisions of this Act, relevant to the subject of the petition, have been earlier invoked, or, if there are grounds to hold that the petitioner was prevented from invoking those provisions to seek appropriate relief. That is to say, where the avenue of first-appeal under Section 19(1) is available to a petitioner, he should not be encouraged to skip that level and reach the Commission in complaint under Section 18, especially when the relief sought by him could be best provided through the appellate process. Section 18 cannot be allowed to be used as a substitute for Section 19 of the Act." I think this decision should remove the confusion. Please advice. adil85


    Last edited by adil85; 01-05-08 at 09:50 PM. Reason: spelling mistakes

  2. #18
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    C J Karira
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    Re: Application for Second Appeal


    adil85,

    Reference your above post, CIC and SIC are sending even Second Appeal back to the AA, even if AA has not heard the appeal and not given any decision.

    Please see:

    https://www.rtiindia.org/forum/3634-s...order-cic.html

    https://www.rtiindia.org/forum/3659-c...sses-buck.html

    https://www.rtiindia.org/forum/3633-c...need-help.html

    Applicant has to go round and round and round........
    Twitter: @cjkarira

  3. #19

    Re: Application for Second Appeal


    Can we lodge second appeal and complaint together or it has to be seperately.

  4. #20
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    Re: Application for Second Appeal



    If you have sufficient grounds for a Complaint under Sec 18(1) (a to f) AND have already made a First Appeal under Sec 1991), then just title you matter as:

    Second Appeal under sec 19(3) CUM compalint under Sec 18(1)(x,y,z...)
    Twitter: @cjkarira

  5. #21

    Re: Application for Second Appeal


    SIr

    How to differntiate issues under both headings in same letter especially under heading for Paryer/relief.

  6. #22
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    Re: Application for Second Appeal


    Vikram,

    Can you please be more clear.
    You can pray or seek relief on more than one point or issue - there is no limit.
    Twitter: @cjkarira

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