FREQUENTLY ASKED QUESTIONS – GOA STATE INFORMATION COMMISSSION

FREQUENTLY ASKED QUESTIONS

1. What is the format of 2nd Appeal before the Commission?
2. In case of 2nd Appeal, how many copies need to be filed and whether advance copies have to be served to FAA and SPIO?
3. Can appeal/complaint be submitted without any format? Can an appeal be filed through e-mail?
4. Can an appeal to the State Information Commission be filed without first going to the FAA?
5. Circumstances in which a complaint can be filed directly to the Commission and what should be the contents?
6. Can a complaint be filed through e-mail?
7. Can a complaint be filed if there is no reply from the SPIO/FAA?
8. Can an appeal/complaint filed through e-mail, be processed/action taken without getting hard copies?
9. Can an appeal/complaint be sent by post and receipt obtained?
10. Within how many days of receipt of decision of the FAA, can an appeal/complaint be filed in the Commission?
11. What should be the language of the Appeal/Complaint and accompanying documents?
12. What is the Format & documents required for filing First Appeal before the First Appellate Authority, GSIC?
13. Whether First Appeal can be filed through e-mail?/Complaint and accompanying documents?
14. Can a complaint lie with the Commission merely on the ground that the website of the public authority has not uploaded disclosures suo motu under section 4(1)(b) of the Act, in view of first part of Section 18 (1)(f)?

1. What is the format of 2nd Appeal before the Commission?

The Format content of 2nd Appeal is given in Rule 3 of the Goa State Information Commission (Appeal Procedure) Rules, 2006; every appeal must accompany the documents listed in Rule 4 of the said Rules.


2. In case of 2nd Appeal, how many copies need to be filed and whether advance copies have to be served to FAA and SPIO?

Only one copy of the appeal is to be filed with the Commission. An advance copy of the 2nd Appeal needs to be served separately on the FAA and SPIO and the declaration to this effect is to be mentioned in the index of the documents referred to in Rule 4(iii) of the said Rules. However, if advance copy is not served on FAA and SPIO, two additional copies or the copies equal to the number of respondents are required to be submitted at the time of filing appeal.

Top

3.Can appeal/complaint be submitted without any format? Can an appeal be filed through e-mail?

As per the Goa State Information Commission (Appeal Procedure) Rules, 2006, the appeal needs to be filed in the prescribed format as given in Appeal Procedure Rules, 2006. However, there is no format for filing of complaint. Nevertheless, in view of the Rule 4(2) of the GSIC (Appeal Procedure) Rules, 2006, it is advisable that all relevant documents, with an index of the documents be filed along with the contents of the complaint.

Top

4.Can an appeal to the State Information Commission be filed without first going to the FAA?

An appeal to the Goa State Information Commission is filed as per Section 19 (3) of the RTI Act against the decision of the First Appellate Authority and, therefore, can be filed only after the decision of the FAA as per provisions under Section 19(3) of the RTI Act.

Top
5. Circumstances in which a complaint can be filed directly to the Commission and what should be the contents?

The circumstances under which a complaint can be filed directly to the Commission are enumerated in Section 18(1)(a) to Section 18(1)(f) of the RTI Act. These have been further elaborated by the Supreme Court in S.L.P. (C) Nos. 32768-32769/2010 dated 12.12.2011 and various other judgments delivered thereafter.

Top

6. Can a complaint be filed through e-mail?

A complaint cannot be filed through e-mail.

Top
7. Can a complaint be filed if there is no reply from the SPIO/FAA?

A complaint can be filed to the Commission if there is no reply from the Public Authority as per Section 18 (1) (c) and 18 (1) (e) of the RTI Act.

Top
8. Can an appeal/complaint filed through e-mail, be processed/action taken without getting hard copies?

An appeal/complaint cannot be filed through e-mail.

Top
9. Can an appeal/complaint be sent by post and receipt obtained?

An appeal/complaint can be sent by post.

Top
10. Within how many days of receipt of decision of the FAA, can an appeal/complaint be filed in the Commission?

A second appeal against the decision under sub-section (1) of the Act shall lie within ninety days from the date on which the decision should have been made or was actually received, with the State Information Commission. The Commission may admit appeal after expiry of nonety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Top
11. What should be the language of the Appeal/Complaint and accompanying documents?
All correspondence to the Goa State Information Commission should be made either in Hindi, English, Konkani or Marathi. If by any chance, the information seeker wants to send anything written in any other language, it shall be his duty to provide a translation of that text in either of these languages.

Top
12. What is the Format & documents required for filing First Appeal before the First Appellate Authority, GSIC?

For hearing the first appeal the FAA can adopt the GSIC (Appeal Procedure) Rules, 2006.

Top
13. Whether First Appeal can be filed through e-mail?

The first appeal cannot be filed through e-mail.

Top
14. Can a complaint lie with the Commission merely on the ground that the website of the public authority has not uploaded disclosures suo motu under section 4(1)(b) of the Act, in view of first part of Section 18 (1)(f)?

The Full Bench of the Central Information Commission has issued a directive dated 15.11.2010 under Section 19(8) (a) to the public authorities for time-bound implementation of Section 4 obligations under the RTI Act. Any violation of this directive will be dealt with by the Goa State Information Commission under Section 18(1)(b) of the Act.