WHEN SHALL APPEAL LIE
Third party will have occasion to file appeal when an applicant has requested
for information from a Public Information Officer which relates to or was
supplied by third party and the Public Information Officer, after giving
opportunity to third party, decides to supply the information to the
applicant. The third party can prefer appeal as he is not satisfied with the
decision of the Public Information officer.
FEES FOR FILING APPEAL
There is no fee for filing appeal.
TIME LIMITS FOR FILING APPEAL
The time limit available to third party for filing appeal is thirty days from
the date of the order of the Public Information officer in which decision to
give the information to applicant is communicated to the third party.
CAUTION Notice that thirty days begin from the date of the
order of the Public Information Officer and not from the date on which third
party receives this order. Third parties have to be cautious in this regard.
PROCEDURE FOR FILING APPEAL
There is no procedure prescribed for filing appeal. Therefore an appeal in the
form of a simple letter to the appellate authority is enough. The first appeal
has to be filed before the departmental senior Officer of the concerned Public
Information Officer within the same office.
WHEN TO EXPECT APPEAL ORDER
The appellate authority has to give its decision within thirty days from the
date of filing of the appeal petition by the third party. The appellate
authority has the power to extend this date on its own for a period of fifteen
days (maximum). If it is done, the appellate authority has to record the
reasons for doing so. One can expect a decision within a maximum time of
fortyfive days from the date of filing appeal.
FILING OF SECOND APPEAL
Ironically, in the case of third parties, second appeal against the decision of
the first appellate authority has not been specifically provided in the Act.
However, from the duties of Commission in appeal proceedings, it can be
concluded that third parties can go for second appeal before the Commission.
All deatils for second appeal given for applicants under the link 'appeals'
shall then be applicable for appeal by third parties as well. To view, click
here
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