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  Section 4(1)(b)(iii)- Procedure followed in the Appeals and Complaints under RTI Act, 2005

The State Commission receives Complaints under Section 18 of the RTI Act. The Complaint is placed before the State Chief Information Commissioner .The SCIC may order an inquiry as he deems fit. Generally, the SCIC may seek comments of the Public Authority against which complaint has been received and arrive at a suitable decision as per the provisions of the Act. Complainant may choose to appear or not on the date of hearing vide Rule 9(2) of the OIC (Appeal Procedure) Rules, 2006.

The State Commission receives appeals against the orders of the First Appellate Authority under the Section 19(3) of the RTI Act. This is placed before the State Chief Information Commissioner who along with the companion State Information Commissioner, if any, disposes of the appeal as per OIC (Appeal Procedure) Rules, 2006 either in a Division Bench or in a Single Bench. Since the object of the Act is to make public all information except those exempted under the Act, the State Commission have decided to hear both the parties. The Appellant may or may not appear on the date of hearing the terms of Rule 9(2) of the Appeal Procedure Rules without adversely effecting the merits of his/her case. In any case the appellant is noticed to present his/ her case and if the State Commission sees merit in the SPIO’s arguments in denying information sought, the appellant will be given an opportunity to present his case in person or through any person appointed in this regard before the Commission for a final decision.

Sl.No. Details of
Activity in the
Decision making Process Authority Responsible for that
1 Complaints
under Sec. 18
Stage 1: Comments of SPIO
sought ( Fifteen days from
receipt of Commission’s
Stage2: Further Inquiry or
Hearing as per the directions of OIC
Stage 3: Final Decision
Stage 1: Registrar may seek comments and place it before the OIC for further orders.
Stage 2 and 3: As per directions of OIC
2 Appeals under
Section 19
Stage 1: Preliminary hearing of the PIO /1st Appellate Authority Stage2: Further hearing if required as per the directions of OIC.
Stage 3: Final Decision.
Stage 1: As per orders of OIC, Registrar may issue notice to SPIO for preliminary hearing.
Stage 2 and 3: As per directions of OIC
3 Annual Report I & PR Department (Nodal
Department) has been
requested to send statutory
information for the financial
year ending in March by April
15th as prescribed in Section 25 of the RTI Act for forwarding it as part of the Annual Report of the State Commission to the
appropriate Government which will be placed before Odisha Legislative Assembly.
To be coordinated by the
Administrative Wing in the State Commission.
4 Procuring Goods
and Services
As per General Financial
Rules and Delegation of
Financial Powers Rules (DFPR)
Secretary of the State Commission with approval of Hon’ble SCIC
5 General
of the State
  As per delegation of
Administrative powers by the State Commission under Section 15(4)