अपनी जानकारी भरिए

FIRST APPEAL UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT, 2005

Before: The First Appellate Authority, __________, __________, __________

Officer whose decision is appealed: the Public Information Officer, __________, __________

1. 1. Forum. __________ You are the officer senior in rank to the Public Information Officer in this public authority, before whom section 19(1) of the Right to Information Act, 2005 (the Act) places this appeal.

1. 6. Burden on the officer. Under section 19(5) of the Act the onus of proving that a denial of the request was justified lies on the Public Information Officer who denied it, not on me.

LEGAL BASIS

Punjab: The appeal lies under section 19(1) of the Right to Information Act, 2005 against a decision of the State Public Information Officer, or against the absence of a decision within the thirty days of section 7(1), which section 7(2) treats as a refusal. It is filed within thirty days from the expiry of that period or from the receipt of the decision, and the proviso to section 19(1) lets the officer admit it later if the appellant was prevented by sufficient cause. The First Appellate Authority, the officer senior in rank to the State Public Information Officer as rule 2(c) of the Punjab Right to Information Rules, 2017 defines that officer, is the addressee of this appeal and decides it under section 19(6) within thirty days of receipt, or within an extended period not exceeding forty-five days from filing, for reasons recorded in writing. Section 19(5) puts on the State Public Information Officer the burden of proving that a denial was justified, section 7(6) makes the information free of charge where the time limits were missed, and the 2017 Rules charge no fee for an appeal. A second appeal against the decision, or against its absence, lies under section 19(3) to the Punjab State Information Commission within ninety days from the date on which the decision should have been made or was actually received.

Chandigarh: Section 19(1) of the Right to Information Act, 2005 governs in the same way an appeal against the Central Public Information Officer of a public authority under the Union Territory of Chandigarh Administration, for which section 2(a)(i) makes the Central Government the appropriate Government. The First Appellate Authority, the officer senior in rank to the Central Public Information Officer under rule 2(c) of the Right to Information Rules, 2012, is the addressee of this appeal and decides it within the thirty days, or at most forty-five days, that section 19(6) allows; the 2012 Rules likewise charge no fee for an appeal. A second appeal lies under section 19(3) to the Central Information Commission within ninety days from the date on which the decision should have been made or was actually received, and the Commission may admit a later one for sufficient cause.

PERSONAL DATA NOTICE

This notice is given under the Digital Personal Data Protection Act, 2023.

The purpose of collecting personal data in this appeal is to identify the appellant who made the RTI application, to record the application, the reply and the dates on which the time limits turn, and to give the First Appellate Authority an address for the notice of hearing and the decision.

If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.

Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.

SIGNATURE