Guide For First Appellate Authority
Time Limit for Filling of First Appeal
The first appeal may be made within 30 days from the date of expire of the prescribed period or from the receipt of communication from the CPIO. If the First Appellate Authority is satisfied that the appellant was prevented by sufficient cause from filling the appeal, the appeal may be admitted after 30 days also.
Disposal of Appeal
Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore, necessary that the appellate authority should see to it that the justice is not only done but it should also appear to have been done. In order to do so, the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at.
Time Limit for Disposal of Appeal
The appeal should be disposed off within 30 days of receipt of the appeal. In exception cases, the Appellate Authority may take 45 days for its disposal. However, in cases where disposal of appeal takes more then 30 days, the Appellate Authority should record in writing the reasons for such delay.
If an appellate authority comes to a conclusion that the appellant should be supplied information in addition to what has been supplied to him by the CPIO, he may either (i) pass an order directing the CPIO to give such information to the appellant; or (ii) he himself may give information to the appellant while disposing off the appeal. In the first case the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would, however, be better if the appellant authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter.
If, in any case, the CPIO does not implement the order passed by the appellant authority and the appellate authority feels that intervention of higher authority is required to get his order implemented, he should bring the matter or the notice of the officer in the public authority competent to take action against the CPIO. Such competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act.