Second Appeal under Section 19 or Complaint under Section 18 ? Analysis

Second Appeal under Section 19 or Complaint under Section 18Many of us feel that both Section 18 and Section 19(3) provide same right to citizens, but that is not correct. Our laws do not waste even a single word. Both sections serve difference purposes. We can’t substitute one for another. Information Commissions (Central or State) have different powers under these two sections. Thus, the question that comes to our mind is which section we shall prefer? Second Appeal under Section 19 or Complaint under Section 18 ? In this article, I will analyze situations in which we should prefer section 18 and section 19, and powers of information commissions under these two sections.

Which Section shall we invoke? Second Appeal under Section 19 or Complaint under Section 18 ?

To provide you comprehensive understanding of which section is more suitable? Second Appeal under Section 19 or Complaint under Section 18 ?, first I will explain you both sections separately and then will provide comparative analysis.

Complaint before Information Commissions under Section 18 of the RTI Act

Grounds for filing Complaint under section 18 before Information Commissions:

As per Section 18 of the RTI Act, any person can file complaint before Information Commissions:

(a) if he has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or First Appellate Authority or the Central Information Commission or the State Information Commission, as the case may be;

(b) if he has been refused access to any information requested under this Act;

(c) if he has not been given a response to a request for information or access to information within the time limit specified under this Act;

(d) if he has been required to pay an amount of fee which he or she considers unreasonable;

(e) if he believes that he or she has been given incomplete, misleading or false information under this Act; and

(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.

Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint.

Time Limit for filing Complaint under Section 18:

RTI Act doesn’t provide any time limit for filing complaint. However, we should file complaint within reasonable time, to say within one year.

Power of Information Commissions under Section 18:

Under section 18, Central Information Commission or State Information Commission, as the case may be, can only punish PIO or Appellate Authority as per section 20, but can’t direct PIO to provide information. Thus, you should file complaint only when you want to assure punishment to PIO or Appellate Authority for non-compliance of provision of RTI Act, but don’t want information.

Second Appeal before Information Commissions under Section 19 of the RTI Act

Grounds for filing Second Appeal under Section 19(3):

If you did not receive a decision on First Appeal under section 19(1) within the time specified in sub-section (6) of section 19, or is aggrieved at decision of the First Appellate Authority mentioned under section 19(1), as the case may be, you may file second appeal before Central Information Commission or State Information Commission, as the case may be, within ninety days from the date on which the decision should have been made or was actually received.

Time Limit for filing Second Appeal under Section 19:

As per section 19(3) of the RTI Act, we must file second appeal before Information Commissions within ninety days from the date on which the decision of First Appellate Authority on First Appeal should have been made or was actually received.

           Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Powers of Information Commissions under Section 19:

Under section 19, Central Information Commission or State Information Commission, as the case may be, can direct PIO to furnish information (section 19(8)(a)(i), impose penalty on the PIO and Appellate Authority under section 20 (section 19(8)(c)), direct Public Authority to compensate (section 19(8)(b)). Thus, under section 19, you can get information and compensation in addition to whatever you can get under section 18 (punishment to PIO and Appellate Authority).

Above analysis of whether Second Appeal under Section 19 or Complaint under Section 18 is with reference to provisions of RTI Act. Let me provide you the observations of Honorable Supreme Court on whether Second Appeal under Section 19 or Complaint under Section 18 ?

Honorable Supreme Court of India on Section 18 and Section 19 of the RTI Act:

In the case of CIC & Anr vs State Of Manipur & Anr, Honorable Supreme Court of India has clarified the differences between section 18 and section 19 in detail. Excepts of observations of Honorable Supreme Court is produced below:

“35……. The procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the appellant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honored principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden.

“36 This Court accepts the argument of the appellant that any other construction would render the provision of Section 19(8) of the Act totally redundant. It is one of the well known canons of interpretation that no statute should be interpreted in such a manner as to render a part of it redundant or surplusage.

37. We are of the view that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a substitute for the other.

42. Apart from that the procedure under Section 19 of the Act, when compared to Section 18, has several safeguards for protecting the interest of the person who has been refused the information he has sought. Section 19(5), in this connection, may be referred to. Section 19(5) puts the onus to justify the denial of request on the information officer. Therefore, it is for the officer to justify the denial. There is no such safeguard in Section 18. Apart from that the procedure under Section 19 is a time bound one but no limit is prescribed under Section 18. So out of the two procedures, between Section 18 and Section 19, the one under Section 19 is more beneficial to a person who has been denied access to information.

43. There is another aspect also. The procedure under Section 19 is an appellate procedure. A right of appeal is always a creature of statute. A right of appeal is a right of entering a superior forum for invoking its aid and interposition to correct errors of the inferior forum. It is a very valuable right. Therefore, when the statute confers such a right of appeal that must be exercised by a person who is aggrieved by reason of refusal to be furnished with the information. “

Above analysis clearly shows which section to invoke: Second Appeal under Section 19 or Complaint under Section 18? Let me summarize the analysis of Second Appeal under Section 19 or Complaint under Section 18?

Summary of Comparison between Section 18 and Section 19 of the RTI Act:

Parameter Section 18 Section 19
Coverage Narrow Broad
Nature Complaint (Supervisory in Nature) Second Appeal (Appellate Procedure)
Can we get compensation? NO (There is no provision of compensation under section 18) YES (Information Commission can direct Public Authority to compensate Appellant for loses incurred due to non furnishing of Information)
Can we get information? NO (Information Commissions can’t direct PIO to furnish information. It can only punish PIO for non-compliance with provisions of RTI Act) YES (Information Commissions can direct PIO to furnish information. It can also punish PIO for non-compliance with provisions of RTI Act)
First Appeal Required? NO YES (Mandatory)
Time Limit NO YES (within 90 days)

The above summary gives a quick overview of whether Second Appeal under Section 19 or Complaint under Section 18? If you still have any doubt in understanding which is more suitable for your case: Second Appeal under Section 19 or Complaint under Section 18?, you can ask your queries through comment box.

If this article was helpful to you, please share using below buttons. Please Like us on Facebook at https://www.facebook.com/RTIAct2005F/.

22 comments

  • Rajasekaran .B

    Dear sir
    superb

  • Viswas Menon

    I filed an RTI application with our local village Panchayath Development Officer (PDO) seeking information regarding road work in the panchayath road along side my property. . Instead of providing information, he replied that I have complained and made allegations against me for hindering work. This reply was time delayed.
    I filed a First Appeal to the FAA which the Executive Officer, Taluk Panchayath Office. He called for me and the PDO for an inquiry and asked the PDO to provide the information sought and the related documents and called for another meeting. a week later.
    The PDO provided me with documents that are not concerning to the information sought and that were not relevant to the information sought. or were fabricated after the First Appeal Inquiry.
    During the second meeting, the FAA gave me an opportunity to put across my views but expressed his inability to take any further steps or actions on the PDO (although he knows that the officer has erred) and closed the First Appeal Inquiry and asked me to go for SECOND APPEAL if I wished to.
    I have gone through the procedure that you have described in this web site of yours. It is informative.
    Now I have the following queries as I wish to go for SECOND APPEAL under Section 19

    01. What is FEES for Second Appeal?
    02. How do I download the format that you have given in this website so that I can make my SECOND APPEAL. or will you be able to send me the format to my email

    I am a SENIOR CITIZEN and find it difficult to keep going back to the web site format while writing my SECOND APPEAL.

    Please help and Thanks in Advance.

    Regards

    • Hello Mr. Viswas Menon Sir,
      First of all I hearty thank you for your effort in bringing transparency in functioning of government. I am also thankful for your detailed query. I believe that PIO has malafidely denied you information, and he must be punished for obstructing implementation of RTI Act. First Appellate Authority doesn’t have power to punish PIO. However, FAA can prepare delailed report of PIO’s inaction. You must go for Second Appeal before State Information Commission under Section 19(3) of the RTI Act. My replies to your queries are as follows:

      01. What is FEES for Second Appeal?
      Answer: In most of the cases there is NO Fees for Second Appeal. However, few State Information Commission charges Fees for Second Appeal. Assuming your matter belongs to Karnataka, Karnataka State Information Commission doesn’t charge any fees for Second Appeal. You can refer to Karnataka RTI Rules , clause 7, and 8 for mandatory content of appeal, and documents to be enclosed with appeal.

      02. How do I download the format that you have given in this website so that I can make my SECOND APPEAL. or will you be able to send me the format to my email.
      Answer: I have sent you the Format to your e-mail.

      Thank you again for your effort.

      Please Like us on Facebook at https://www.facebook.com/RTIAct2005F/

      • Viswas Menon

        Thanks a lot for your prompt response .

        Yes …you are right… my RTI belongs to the State of Karnataka. .
        Yes I have received the format by email …and I will use the same .

        I would like to know whether in my Second Appeal I can make as the respondents

        i(01) The Panchayath Officer who has faulted and
        (02) The FAA who did not take appropriate action and closed the appeal. (He actually said that he can’t waste time on such matters and was very eager to close the file and pass the buck to the Second Appeleate)

        or should I make as respondent ONLY the Panchayath Officer

        Thanks

        • Yes Sir.
          You should make all concerned as Respondent. Mention in appeal whatever FAA said and did.

          • Viswas Menon

            Thanks a lot for the advise. ..The FAA i.e the EXECUTIVE OFFICER at Taluk Panchayath with who I filed the First Appeal and who forwarded it to the Panchayath took transfer and has left this place. In his place the new person has taken charge and he conducted the inquiry and did not want to spend time on the appeal.
            Now should I make the new FAA or the old FAA as the respondent …Shall appreciate your clarification or should I mention about the first officer and make the present person as the respondent?
            Regards

          • Namaskar Viswas Sir,
            I suggest you to make “Designation” i.e. “First Appellate Authority as Respondent instead of Person. During the hearing Commission will call all concerned person, whether he is still there or transferred. If you write current FAA as respondent, then by the time your hearing will be there this FAA might be transferred. Thus, I suggest you to make designation as respondent. However, in the content of appeal you may mention name of all concerned person. Hope this helps.

  • Khalid Khatak

    Sir. SIC disposed of my 2nd appeal directing PIO to provide information within certain period & further directed PIO to explain why action should not be taken against him. No information has been provided by PIO despite that. What should be the next course of action.

    • Hi Khalid. It’s great that SIC has decided the matter in yur favour and issued show cause notice to PIO.
      In your case, first you contact the PIO and ask whether he is going to provide information. If Yes, then how much time will he take. If No, then write a letter to concerned SIC detailing the response of PIO. SIC has power to take action against PIO if he doesn’t comply with the order.

  • Agil

    Dear SIr/Madam
    The SIC has not replied to my second appeal under 19(3) which was filed after satisfying all requirements and within time limits. There was no information given until date, therefore a writ in a high court only seems to be the next step, can you give me case laws relating to the situation( Writ when no response after exhausting all appeals).
    Thanks in advance.

    • Hi Agil.
      SIC takes its own time to hear the second appeal and pass order. There is no time limit for SIC to pass order. Thus, if you have not received any response from SIC, you may call to registrar at SIC Office and inquire about the matter. Registrar will provide you current status of your appeal.

      Filing Writ Petition may not be wise decision because you will require to produce the order of SIC when filing writ petition. Even if you want to file writ petition, there is no case law required because going to high court is your fundamental right. You will need to prove that SIC has denied admitting your appeal.

  • NIRAJ KUMAR GIRI

    Sir I want both information as well as punishment, can i invoke section 18 and section 19(3) simultaneously.

    • YES.
      You can invoke both section 18 and 19(3) simultaneously. However, you should submit separate applications for both. Section 19(3) has provisions for information, punishment, and compensation. Thus, filing second appeal under section 19(3) will provide everything you want. Only you need to do is you should mention everything you want in prayer of your second appeal. There is no need to file additional application under section 18 because section 19(3) will work.

  • Nikhil

    I want action against PIO and First Appellant and want information. PIO has given misleading incomplete information and First Appellant has given any reply .please let me know under which section should I apply to C I C for information and action against them

  • Pradeep kumar

    Sir, during video conference CIC has ordered to CPIO to furnish the correct information to applicant and case disposed off. But CPIO has furnished the information as it is. Please guide what action is require at my end . Can I lodge a complaint against CPIO . Is any specific proforma for filling complaint under RTI Act.

  • Pingback: Second Appeal under RTI Act: How to File Second Appeal under RTI?

  • Pingback: How to File Complaint under RTI Act

Leave a Reply

Your email address will not be published. Required fields are marked *