SECOND APPEAL OR COMPLAINT TO THE INFORMATION COMMISSION
Under the Right to Information Act, 2005 (the Act)
Presented on: __________, at __________
To: The Registrar, __________
- 1. Nature of this filing. __________
VERIFICATION
Verified at __________ on __________.
LEGAL BASIS
Punjab: A second appeal lies under section 19(3) of the Right to Information Act, 2005 against the decision of the First Appellate Authority, or against its absence, within ninety days from the date on which the decision should have been made or was actually received, and the proviso lets the Commission admit a later appeal for sufficient cause; a complaint lies under section 18(1) on the grounds that section lists. The Punjab State Information Commission, the addressee of this filing, hears and decides it under rules 8 to 12 of the Punjab Right to Information Rules, 2017: rule 8 asks for the format in the Appendix, whose last item is the appellant's verification, with copies of the application, the reply, the first appeal and the order, authenticated and verified by the appellant, and an index; rule 9 lets an incomplete appeal be returned for its defects to be removed; rule 10(3) treats the first appeal as exhausted once it is decided or forty-five days pass without a final order; and rule 12 gives at least seven clear days' notice of the hearing, attended in person, through an authorised representative or by video conference where available. Section 19(8)(b) lets the Commission require the public authority to compensate the appellant for loss or other detriment, section 20(1) makes it impose on a State Public Information Officer who acted without reasonable cause a penalty of two hundred and fifty rupees each day, not exceeding twenty-five thousand rupees in all, and section 19(7) makes its decision binding.
Chandigarh: For a public authority under the Union Territory of Chandigarh Administration, section 2(a)(i) of the Right to Information Act, 2005 makes the Central Government the appropriate Government, so a second appeal under section 19(3), within the same ninety days, and a complaint under section 18(1) go to the Central Information Commission, the addressee of this filing, which decides them under rules 8 to 12 of the Right to Information Rules, 2012 on the same terms: the Appendix format ending in the appellant's verification, authenticated copies with an index, the return of an incomplete appeal, the first appeal treated as exhausted once decided or forty-five days after it was preferred, and seven clear days' notice of a hearing. The Commission accepts a second appeal or complaint online, with the documents signed and self-attested before they are scanned. Its powers under sections 19(8)(b) and 20(1) are those set out for Punjab, and its decision binds under section 19(7).
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023.
The purpose of collecting personal data in this second appeal or complaint is to identify the appellant and the officers whose decisions are challenged, to record the application, the replies, the first appeal and the dates that decide whether the filing is in time, and to give the Information Commission an address for the notice of hearing and its 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