Silak Ram Dahiya
Asked June 25, 2016

Complaint of SPIO reported to whom

  • 1 Answer
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If the direction of the State Information Commission are not complied by the SPIO /1st Appellate Authority, to whom the mater should be reported.? whether a complaint u/s 18 can be filed against SPIO /1st Appellate Authority ?

Answer 1

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Shreya Mishra

If the State Public Information Officer has not responded to your application, you can file an

appeal to the next higher authority( the State Chief Information Commissioner) under Section

18(1) of the Right to Information Act,2005.[1]

There is a difference between the application of Section 18 and Section 19 of the Act. Section 18 is applied

when any information that has been requested, is not provided to him. Under such a case, the person

can file a report under Section 18 and the Central Commission or the State Information Commission will

look into the nature of the Complaint and direct the State Public Information Officer to provide the

information. However, if you want to appeal against a response given by the SPIO then you can file an

appeal under Section 19(1) of the Act. This distinction has been given by the High Court of Delhi in the

case of J.K. Mittal v. Central Information Commission.[2] A case can be dismissed solely on the

ground that it was filed under the wrong provisions of the Act.

[1]http://rti.india.gov.in/appeal_index.php

[2]https://indiankanoon.org/doc/95927743/

Agree Comment 0 Agrees about 1 year ago

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