Friday, January 31, 2014

APPEALS AND COMPLAINTS TO CENTRAL INFORMATION COMMISSION- USEFUL REPLY BY CIC

REPLIES OF CIC IN THE MATTER OF APPEALS AND COMPLAINTS

I append below verbatim queries per my RTI application dated 30-11-2013 and replies of Central Information Commission vide letter No. CIC/CPIO/2013/1953 dated 10-01-2014:

Query No. 3.1: Certified photocopy of decision making record or rule or regulation in force based on which it is mandated that signed copy of appeal or complaint should be sent to CIC in case of online filing on CIC website. Refer FAQ on CIC website.

Reply of CPIO: You are requested to refer to rule 8 of RTI Rules 2012 [copy enclosed]. The relevant portion is underlined. Authentication of appeal is a basic legal requirement.

[Underlined words are:” duly authenticated and verified by appellant ……”]

My comments: What is the use of e-filing appeal or complaint, if hard copy signed by appellant/complainant is mandatory? Why not signed scanned copy is accepted in e-filing? Since said rules are applicable to appeals only, complaints should not require such hard copy authentication if e-filed.  Experience of “signed copy awaited” reason for withholding appeals for registration by CIC staff is horrible. Even by sending signed copies of appeals for authentication of e-filed appeals for 2-3 times by registered/speed post, appeals show the status as signed copy awaited. Thus e-filing system of CIC is just useless, expensive and irritating. Please also refer my blog at
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Query No. 3.2: Certified photocopy of decision making record or rule or regulation in force based on which it is mandated that copies of complaint should be forwarded to CPIO and FAA and that documentary evidence or declaration of such mailing by post or submission be filed with complaint u/s 18 to CIC. Ref: FAQ on website of CIC.

Reply of CPIO: There is no record except RTI Rules 2012. However, without being prejudice to the provisions of the RTI Act, it may be appreciated that while dealing with quasi judicial matters, petitions have to be duly verified by the petitioner, whether it is a complaint or an appeal [emphasis added].

My comments: Thus it is not mandatory for complainant to mail copy of complaint to CPIO and FAA or submit declaration/proof in complaint to CIC of having so mailed, whether filed in hard copy or e-filed. None-the-less sending advance copy of complaint to CPIO & FAA at times makes complainant lucky to get information, before hearing by CIC with a delay of a nearly one year or so. It can be done by ordinary post or email too.

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3.3 Certified copy of decision making record or rule or regulation in force based on which it is  mandated that copies of second appeal should be forwarded to CPIO and FAA and that documentary evidence or declaration of such mailing by post or submission be filed with second appeal. Ref: FAQ on CIC website.

Reply of CPIO: There is no record except RTI Rules 2012. However, without being prejudice to the provisions of the RTI Act, it may be appreciated that while dealing with quasi judicial matters, petitions have to be duly verified by the petitioner, whether it is an complaint or an appeal [emphasis added].

My comments: RTI Rules 2012 no where mandates that copy of second appeal be mailed to CPIO & FAA and proof or declaration of mailing be attached with appeal to CIC. None-the-less sending advance copy of appeal to CPIO & FAA at times makes appellant lucky to get information, before hearing by CIC with a delay of a nearly one year or so. It can be done by ordinary post or email too.
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Note: FAQ link has been deleted, mostly after my said RTI from website of CIC.