2012 (10) TMI 258

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....e an Appeal under the Right to Information Act (in short, 'the RTI Act') to the Appellate Authority viz., the State Chief Information Commissioner. 2. Learned Counsel for the appellant submits that there is no provision in the RTI Act, for filing an Appeal against the order made by the State Information Commissioner (in shirt, 'SIC'), but learned Single Judge erred in rejecting the Writ Petition and holding that under Section 19(1) of the RTI Act, Appeal lies to State Chief Information Commissioner. 3. Sri M. Kumar, learned Addl. Government Advocate appearing for the respondents, submits that as against the order passed by the State Public Information Officer (in short, 'SPIO'), there is no provision for filing an Appeal bef....

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....mation to persons requesting for the information under the RTI Act. Under Section 6 of the RTI Act, a person, who desires to obtain any information under the RTI Act, shall make a request in writing to the State Public Information Officer (in short SPIO). As per Section 7 of the RTI Act, the SPIO, on receipt of a request under Section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sections 8 and 9 of the RTI Act. Further, under sub-section (2) of Section 7 of the Act, if SPIO fails to give decision on the request for information within the period specif....

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.... is alleged that the SPIO did not furnish the information as requested by the applicant. Hence, he filed a complaint under Section 18(1) of the RTI Act to the SIC. As per sub-section (1) of Section 18 of the RTI Act, it shall be the duty of the SIC to receive and inquire into a complaint from any person. The Complaint was also filed before SIC under Section 18(1) of the RTI Act. The order passed by the SIC is final. It is useful to refer to Section 20 of the RTI Act. According to sub-section (1) of the Section 20, at the time of deciding any 'complaint' or 'appeal', the State Information Commission is of the opinion that without any reasonable cause, the SPIO has refused to receive an application for information or has not furnished informa....