The government proposed a new set of rules for dealing with right to information requests, complaints and appeals and asked for suggestions to the public before April 15. The proposed rules to replace the 2012 ITR rules have been placed by the Personnel and Training Department (DoPT) on its website for public comment.
A major proposal now allows the Central Information Commission (CIC) to convert a complaint into a second appeal, which means that it can order the disclosure of information to an applicant who has a complaint clause before it. The RTI Act that was not the case earlier.
"The Commission may, at its discretion, allow a prayer for any amendment of a complaint during its hearing, including the conversion of the complaint as a second recourse, if the available remedies have been exhausted, on a prayer made by the Complainant ", the draft Rules of State.
"The time given is too low and there is no official press release in this regard." How do people know that something like this is placed on the website to give an opinion, Said activist RTI Commodore (Retd) Lokesh Batra.
The Supreme Court ruled in one of its orders that section 18 of the RTI Act provides for a complaint, while section 19 of the RTI Act provides for a second-instance mechanism. He stated that the ICC, hearing a plea under a complaint clause, can not order the disclosure of information that can only be provided if the person is approaching it under the second appeal, Section 19 of the Act. Another provision indicates that proceedings before the Commission will be reduced in the event of the death of the appellant.
The new draft regulation also allows the Commission to use its discretion to allow the withdrawal of an appeal or a complaint if the applicant requests, but such requests can not be received once the matter has been decided by the Commission. The rules also introduce provisions such as providing a copy of the complaint and appeal to the central public information officer (CPIO) before approaching the CIC. Evidence in this regard shall also be submitted to the Commission together with the complaint or appeal.
Applicants must declare that the question submitted by them before the Commission is decided or pending before the Commission or a court. Applicants can now file complaints within 135 days of filing the ITR application only. Any delay in filing the complaint must be accompanied by a request for dismissal.
If the RTI candidate does not know the name and address of the CPIO or the Trial Appeal Authority in a government department, he or she must provide a copy of his or her complaint to the department before proceeding to the Board. The proposed new process requires the Commission to obtain responses from the CPIO within a specific time frame before it receives advice.
