Appeal & Penalties | Business Law - B Com PDF Download

Appeal: Section 19

First Appeal under Section 19(1)

• Reasons for filing an appeal:
  • The applicant did not get a decision on their application within the time limits set by Section 7(1) or 7(3)(a) of the Act.
  • The applicant is unhappy with the decision made by the CPIO or SPIO.
• Timeframe for filing an appeal and reasons for delay:
  • The appeal must be submitted within 30 days after the response time has ended or after receiving the decision from the CPIO or SPIO.
  • If 30 days have passed, the appeal can still be accepted if the First Appellate Authority believes the applicant had a valid reason for not filing on time.
• Where to file the appeal:
  • The appeal should be directed to an officer who holds a higher position than the CPIO or SPIO in each public authority, known as the First Appellate Authority.

Appeal by a third party [Section 19(2)]
This sub-section deals with the filing of appeals by the third party who has suffered an adverse order under Section 11. A third party aggrieved by the decision of the CPIO/SPIO to disclose third party information under Section 11 may prefer an appeal within 30 days from the date of the order to the first appellate authority. 

Second appeal [Section 19(3)]

• Appeal to the Commission against the decision of the first appellate authority: A second appeal can be made to the Central Information Commission (CIC) or State Information Commission (SIC) if a person is not satisfied with the decision given by the first appellate authority under Section 19(1).
• Time limit for filing the appeal: The second appeal must be submitted within 90 days from the date the decision was expected or actually received. However, the appeal may still be accepted after this period if the CIC or SIC is convinced that there was a valid reason preventing the appellant from filing it on time.

Opportunity of hearing to a third party[Section 19(4)]
Where the order against which the appeal has been filed pertains to information of a third party, the concerned Commission shall give a reasonable opportunity of being heard to that third party.

Onus to justify denial on the PIO
Section 19(5), provides that burden to prove that a denial of a request was justified shall be on the CPIO/SPIO who denied the request.

Time limit for disposing of the appeal [Section 19(6)]
The appeal under Section 19(1) or 19(2) has to be disposed of within 30 days of the receipt of the appeal. However, in exceptional circumstances, an extended period of a total of 45 days from the date of filing may be provided for reasons to be recorded in writing. 

Supremacy of the Commission
Section 19(7) states that the decision of the CIC/SIC shall be binding.

Orders to be passed by the Commission
Section 19(8) provides for the power of the CIC/SIC to give the following orders in its decision:

1. Requiring the public authority to take steps for complying with the provisions of the Act, including:-
   • Providing access to information, if so requested, in a particular form
   • Appointing PIOs
   • Publishing certain information or categories of information
   • To make required changes to its practices regarding maintenance, management, and destruction of records
   • Enhancing the provision of training on the right to information for its officials
   • To submit an annual report to the Commission in compliance with Section 4(1)(b)
2. Require the public authority to award compensation to the complainant for any loss suffered by him
3. Impose any of the penalties provided under the Act
4. Reject the application

Notice [Section 19(9)]
The CIC/SIC shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

Penalties: Section 20

While deciding a complaint or an appeal under the Act, the CIC/SIC has the power to impose penalties on the CPIO/SPIO for the deliberate violation of the provisions of the Act. Before any decision regarding imposition of penalty is taken, the concerned CPIO/SPIO shall be given a reasonable opportunity of being heard. The burden to prove that he acted in a reasonable and diligent manner lies on the concerned CPIO/SPIO only.