RTI ACT APPEAL U/S 19(1)
Seshagiri Viswanatha Rao
(Querist) 05 November 2010
This query is : Resolved
GOOD EVENING
WHEN A FIRST APPEAL IS FILED U/S 19(1) OF RTI ACT 2005, THE APPEALLATE AUTHORITY IS TRANSFERRING APPEAL PAPERS TO THE LOWER AUTHORITIES UNDER HIS ADMINISTRATIVE CONTROL
AS PER THE PROVISIONS OF RTI ACT THE FUNCTIONS OF THE PUBLIC AUTHORITIES DESIGNATED UNDER THE RTI ACT 2005 IS QUASI JUDICIAL IN NATURE AND THERE IS NO PROVISION IN THE ACT FOR TRANSFERING APPEAL OF AN RTI APPLICANT
KINDLY INDICATE WHETHER THE APPELLATE HAS BEEN CONFERRED POWERS FOR SUCH TRANSFERS AND IF SO TO KINDLY INDICATE RELEVANT SECTION/RULES UNDER WHICH APPEAL CAN BE TRANSFERRED
THANKING YOU
YOURS SINCERELY
S VISWANATHA RAO
Advocate. Arunagiri
(Expert) 05 November 2010
The 1st appellate authority has no power to transfer the appeal to any body. He can collect the required info from the lower authorities.
Seshagiri Viswanatha Rao
(Querist) 05 November 2010
Wish you a very happy deepavali and thanks for prompt response In case 1st Appellate Authority transfers first appeal application to his lower authorities whether a complaint be lodged u/s 18 of the Act
s.subramanian
(Expert) 05 November 2010
I agree with Mr.Arunagiri. In addition I would like to add that you can lodge complaint u/s 18 also.