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ReadForeword
FILE A COMPLAINT

The Information Commission, Central or State, is duty bound to receive and enquire into complaints if satisfied about genuineness of the complaint. The circumstances in which a complaint can be filed are as under: -

1. If any Public Authority has not appointed Public Information Officer consequent to which a person is unable to file request application for seeking information from the Public Authority, complaint can be filled.

2. If there is refusal by Public Information Officer or Assistant Public Information Officer to receive an application requesting for information, complaint can be filed.

3. If there is refusal by Public Information Officer or Assistant Public Information Officer to receive an appeal petition for being forwarded to the concerned appellate authority or the Information Commission, complaint can be filed.

4. Refusal to supply Information requested by the person.

5. If there is no response (neither rejection nor supply) on a request application seeking information and the prescribed time limit for supply of information has expired, complaint can be filed.

6. If the applicant is asked to pay an amount of fee, which is unreasonable, complaint can be filed.

7. If an applicant has been supplied the information but he believes the supplied information to be incomplete, misleading or false, complaint can be filed.

And for any other matter relating to request or access to record, which may require direct intervention by the Commission, complaint can be filed.

The Commission has power  to call for and look into all records and documents which may be relevant for taking a decision. 

The commission can impose a penalty, if the situation so warrants, upon the concerned Officer. The quantum of penalty is Rs. 250/- (Rupees Two Hundred and Fifty only) for each day of default. The maximum penalty is Rs. 25,000/- (Rupees Twenty Five Thousand only). The penalty can be imposed only after opportunity of being heard is given to the Officer. The penalty, if imposed, shall be upon the personal capacity of the concerned Officer.

Also, if the action of the Officer leading to penalty proceeding was done in a good faith, penalty cannot be imposed by the Commission. But, penalty proceedings shall not get dropped or closed by the mere fact that some other officer was responsible for the default -- that the concerned Officer or (Public Information Officer) had requested for the documents or records from another Officer who did not supply them. In such a situation, the penalty proceedings shall automatically get initiated against such other Officer and the Commission shall proceed against such other Officer. In these situations, such other officer becomes a ‘deemed Public Information officer' for the purpose of imposition of penalty.

In case any Officer commits persistent or repeated defaults the Commission can recommend disciplinary action against the Officer under the Service Rules applicable to him.

There is no prescribed Proforma for filing complaints. A simple letter addressed to the Commission narrating the circumstances leading to the grievance is enough. If there are any documentary evidences, these should be attached to establish reasonableness of the complaint.

There is no fee for filing complaint.

 

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