Chapter Three: The Appeal Procedure
- What is appeal?
If an applicant doesn’t get the information within the prescribed time of 20 or 30 days or 24 hours or is not satisfied with the information provided to them or is aggrieved by a decision of the Designated Officer, then he/she can appeal before the Appellate Authority within the next 30 days from receiving the decision or after the expiry of the time period.
- Why and How to appeal?
Step 1: Decide the specific reason in advance to appeal.
Step 2: Decide the method to appeal; personally or through a lawyer.
Step 3: If the authority fails to give the required information on scheduled time, then the appellant is required to apply by filling up specific appeal ‘C’ forms.
Step 4: The appellant is required to direct the Designated Officer to provide the requested information on mentioned time.
Step 5: It’s required to wait for the result of the appeal within 15 working days of the appeal application and collect the written copy of the results.
Step 6: If the appellant doesn’t get the appeal result within 15 working days or not satisfied with the result of the appeal then he/she can complain to the Information Commission.
- The responsibility of Appellate Authority.
The Appellate Authority shall provide the requested information within 15 working days from the date of receiving the appeal.
- Direct the Designated Officer to provide the requested information.
- Or reject the appeal application if it is not fit for acceptance.
In case the Designated Officer is directed to provide the information by the appellate authority, then he must provide the information within the time specified in Section 9 to the appellant.
- The Procedure of providing information to the appellant.
Step 1: Provide the appeal application form and explain how to fill it up to the applicant.
Step 2: Collect the application form after verifying it properly and then provide the receipt to the applicant.
Step 3: Verify the relevant reasons of the appeal and if it’s not relevant, then the appeal authority may reject the appeal application. In that matter citizen has the right to complain to the Information Commission.
Step 4: It is mandatory to notice the date of application and the satisfactory reason for the rejection of the application and also it is required to know whether the appellant had applied for the appeal within 30 working days since the day of the application for the requested information. If the appellant is unable to appeal within 30 working days for some serious reasons such as serious sickness or the appellant is out of the country for some urgent work during that time, then the appeal authority is required to accept the appeal application after the period of 30 days.
Step 5: If it is necessary then the appellate authority has the right to arrange for a hearing. In which case, it is required to inform the complainer, the information officer and the 3rd party before 7 days of the hearing.
Step 6: It is mandatory to provide the result of the appeal in writing to the appellant within 15 working days. If the appellant doesn’t get the result within 15 working days or he/she is not satisfied with the result of the appeal, the appellant has the right to complain to the Information Commission.