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.
________________________________________________________________
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.
________________________________________________________________
Note:
FAQ link has been deleted, mostly after my said RTI from website of CIC.
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