How to file RTI Complaints form Sikkim ?

RTI Application Form For Sikkim

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How to file RTI complaints for Sikkim

Complaint to State Information Commission (SIC) under 18 (1) of the RTI Act 2005 for Sikkim state

Here's a step by step guide to send complaints for Sikkim

  • RTI Act confers right to access to information held by a Public Authority on all Citizens. The Act also prescribes remedy, when such a right is denied to a citizen. When an applicant do not receive a decision on his RTI Request within 30 days or is aggrieved by the decision, applicant can prefer an Appeal under Section-19(1) and further appeal under section-19(3) before the Information Commission within time limit. In such an appeal, the applicant can seek relief to supply information by PIO.
  • When an applicant is denied access to information by various reasons specified in Section-18(1), as enumerated below, Applicant can file Complaint directly before the Information Commission.
  • Every Act or Law contains clause for protection of its provisions against non-compliance, and so does RTI Act, 2005. Section 18 of the RTI Act, 2005 assigns duty and power to the Andhra Pradesh State Information Commission (hereinafter referred as CIC or SIC-Andhra Pradesh), as the case may be, to protect the RTI Act against non-compliance by the Public Authority. We can say, CIC or SIC-Andhra Pradesh acts as Guardian of the RTI Act. In this article, I will explain when to file and how to file complaint under RTI Act.
  • Under the complaint proceedings, the Information Commission cannot direct PIO to supply information, but can only conduct an inquiry and impose penalty on PIO or recommend disciplinary action against PIO, for the reasons as enumerated under Sec-20.

When to file a complaint under RTI act for Sikkim

The RTI Act 2005, bestows, the Right to seek information from any public authority, to all the citizen of India.

  • If anyone is denied this right, or his/her application is rejected under this Act, or the public authorities have not appointed PIO (Public information Officer, that is required to be appointed in all government offices/departments, under this Act) or he/she is aggrieved by the decision of public authority under RTI Act, he ,may prefer to file a complaint against the decision, non-appointment of PIO and hence refusal of information.
  • Sometimes someone has filed a request for information and his application is accepted by the Public authority but no conclusive decision is arrived at within the stipulated time-frame of 30 (in case of PIO) and 35 (in case of request before APIO), the applicant may prefer to go for complaint under Section 18 (1) of the RTI Act 2005.
  • There may be a case where one’s application has been accepted but the PIO has asked for some unreasonable amount of fees for supplying information, in this case also a complaint is appropriate, to be filed.
  • Many times the PIOs refuse to provide information under RTI act citing irrelevant section of the RTI act, saying exemption clause, in this case, there maybe two scenarios, one is where full information comes under exemption Section 8, whilst in other scenario there may be a part of a record that can be made public without any harm, in this case partial disclosure is allowed, but generally Public authorities suppress information citing section 8 of the RTI Act, here a complaint will work on and partial disclosure may be allowed.
  • In case commission hears a complaint and if it finds that information was denied willfully by the Public information officer without any reasonable cause, the commission, be it SIC or CIC, may impose penalty on them under section 20 of the RTI Act.

Time limits of RTI complaint for Sikkim

There is no time-limit for filing a complaint. One may file a complaint immediately after PIO or Public Authority’s failure to comply with a requirement of the RTI Act, without filing a First Appeal or as and when he wish but it is advisable to file the complaint within a reasonable time.

Grounds for submitting complaint under section 18 of the RTI ACT, 2005 for Sikkim

Before explaining how to file complaint for andhra pradesh state under RTI Act, let me provide you grounds for complaint. You may file complaint under section 18 before SIC-andhra pradesh, as the case may be, in following circumstances:

  • (a)You have been unable to submit RTI Application to the Central Public Information Officer or State Public Information Officer (hereinafter referred as CPIO or SPIO), as the case may be, because of any of below reasons:
    (i) No CPIO or SPIO has been appointed under this Act by the Public Authority; or
    (ii) CPIO or SPIO has refused to receive your Request for Information; or
    (iii) Central Assistant Public Information Officer or State Assistant Public Information Officer (hereinafter referred as CAPIO or SAPIO), as the case may be, has refused to accept RTI Application for forwarding the same to the CPIO or SPIO, as the case may be.
  • (b) You have been unable to submit First Appeal under Section 19(1) or 19(2) to the First Appellate Authority (hereinafter referred as FAA) because of any of below reasons:
    (i) No FAA has been appointed under this Act by the Public Authority; or
    (ii) FAA has refused to receive your First Appeal; or
    (iii) CAPIO or SAPIO, as the case may be, has refused to accept your First Appeal for forwarding the same to the FAA.
  • (c) You have been unable to submit Second Appeal under Section 19(3) to the CIC or SIC, as the case may be, because CAPIO or SAPIO has refused to accept your Second Appeal for forwarding the same to the CIC or SIC.
  • (d) CPIO or SPIO or FAA has malafidely rejected Request for Information or First Appeal, as the case may be;
  • (e) CPIO or SPIO or FAA has not provided reply to your RTI Application or First Appeal, as the case may be, within specified time under RTI Act;
  • (f) CPIO or SPIO has asked you to pay an amount of fees, which you consider unreasonable;
  • (g) CPIO or SPIO has provided incomplete, misleading or false information under this Act; (h) CPIO or SPIO or FAA has malafidely refused inspection of records of public authority or has not extended reasonable cooperation during inspection of records;
  • (h) CPIO or SPIO or FAA or any other person directly/indirectly intimidates or ill-treats or pressurizes you or restraints you from exercising your right under the RTI Act;
  • (i) CPIO or SPIO or FAA or Public Authority defy orders of CIC or SIC;
  • (j) Public Authority has not obliged to the provisions of Section 4 (proactive disclosures) of the RTI Act;
  • (k) Any other situation when you have been wrongly restrained/refused access to information for which you are entitled as per provisions of the RTI Act; and
  • (m) Any other violations of provisions of the RTI Act by CAPIO or SAPIO or CPIO or SPIO or FAA or Public Authority.

RTI complaint format for Sikkim

The,
Central/State Information Commissioner
Central/State Information Commission,
Sikkim

Sub: Application for Complaint u/s 18 for non adherence of the provisions of the 
Right to Information Act, 2005.

PIO or the Department against whom the complaint is being made:
Name (………..)
Designation: (………)
Department: (………..)

Dear Sir,

GROUNDS

I had tried to file an RTI application with the above mentioned Department but failed because:
1. PIO has not been appointed in the department
2. PIO refused to accept my RTI application
3. No reply is received from PIO within time limit fixed by the act
4. I had sent the application by post but the department specifying the following reasons sent it back to me
5. PIO refused to accept the application fees
6. PIO/ staff misbehaved with me
7. Information has been wrongly and unjustifiably refused
RELIEFS SOUGHT
I humbly request you to pass orders to the said department to accept/file my RTI application and taking 
action against the PIO/Department head impose a monetary fine.

Thanking you,

Yours faithfully,


Name:
Address:
Date:

Second Appeal Guideline for Sikkim

Anybody who is unhappy or dissatisfied with the decision of the First Appellate Authority can file Second Appeal to the Information Commission at the Centre or respective States. You need to send your appeal to the relevant Information Commission in writing.

As per the RTI Act, an appeal shall be disposed off within 30 days on the receipt of the appeal by the First Appellate Authority or within such extended period not exceeding a total of 45 days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

An appeal to the Central/ State Information Commission is required to be filed as per Section 19 (3) of the RTI Act against the decision of First Appellate Authority and, therefore, can be filed only after the decision of FAA or after stipulated time limit(45 days) for such decision by FAA has elapsed, as per provisions under Section 19(3) of the RTI Act.

The Act, however, does not prescribe time limit or target for disposal of 2nd appeal/complaint by the Central/ State Information Commission. Appeals/Complaints in the information commissions are disposed off as per the convenience of them.

RTI Application Form for Sikkim

You can file RTI to know MP and MLA work, Sikkim State Public Service Commission , Municipal Corporation Work , know the Cost of projects undertaken by authority, Government Hospital , Sikkim State information commission and many more organizations.

List Public Information Officer of organizations in Sikkim

It is mandatory to send RTI to the right public information officer. PIO list of Bihar is given below ...

SIKKIM STATE CO OPERATIVE SUPPLY AND MARKETING FEDERATION (SIMFED)

To
THE DEPUTY GENERAL MANAGER, SIMFED
SIKKIM STATE CO OPERATIVE SUPPLY AND MARKETING FEDERATION (SIMFED)
SONAM GAYSTO MARG, GANGTOK, SIKKIM - 737101

HUMAN RESOURCE DEVELOPMENT DEPARTMENT

TO
THE SPECIAL SECRETARY
HUMAN RESOURCE DEVELOPMENT DEPARTMENT
TASHILING SECRETARIAT GANGTOK,
EAST SIKKIM.PIN CODE - 737101

DIRECTORATE OF HIGHER EDUCATION HRDD, GOVERNMENT OF SIKKIM,

TO
THE Dy. Director (H.E.) & APIO
DIRECTORATE OF HIGHER EDUCATION HRDD,
GOVERNMENT OF SIKKIM, TASHLING SECRETARIAT, GANGTOK, EAST SIKKIM PIN CODE - 737102

LAW DEPARTMENT GOVT.OF SIKKIM

TO
THE PIO
O/O THE L.R-CUM-SECRETARY
LAW DEPARTMENT GOVT.OF SIKKIM
GANGTOK PIN CODE – 737101

SIKKIM PUBLIC SERVICE COMMISSION

TO
THE SPIO
CONTROLLER OF EXAMINATION
SIKKIM PUBLIC SERVICE COMMISSION
OLD TOURISM BUILDING
M. G. MARG GANGTOK SIKKIM PIN CODE – 737101

WATER AND PHE DEPARTMENT RAVANGLA SUB DIVISION

TO
THE PIO
O/O THE ASSISTANT ENGINEER RAVANGLA SUB DIVISION
WATER AND PHE DEPARTMENT RAVANGLA SUB DIVISION
SOUTH SIKKIM PIN CODE – 737139

SIKKIM LEGISLATIVE ASSEMBLY

TO
THE PIO
O/O THE SECRETARY
SIKKIM LEGISLATIVE ASSEMBLY
SECRETARIAT, NAMNANG,
GANGTOK SIKKIM PIN CODE -737101

URBAN DEVELOPMENT & HOUSING DEPARTMENT GOVT.OF SIKKIM

TO
THE PIO
O/O THE DIRECTOR SUDA
URBAN DEVELOPMENT & HOUSING DEPARTMENT GOVT.OF SIKKIM
GANGTOK PIN CODE - 737101

ROAD & BRIDGE DEPARTMENT GOVT.OF SIKKIM

TO
THE SPIO & SUPERINTENDING ENGINEER (PROJECT/NH)
ROAD & BRIDGE DEPARTMENT GOVT.OF SIKKIM
NIRMAN BHAWAN GANGTOK SIKKIM PIN CODE – 737103

Pakim Palatine College, Pakyong

East District , Sikkim

GMTD, BSNL,Sanchar Bhawan, Baluwakhani, Gangtok

TO
THE CPIO
O/O the GMT, BSNL,Sanchar Bhawan, Baluwakhani,
Gangtok East Sikkim PIN CODE- 737101

VINAYAKA MISSIONS SIKKIM UNIVERSITY

TO
THE RIGISTRAR
VINAYAKA MISSIONS SIKKIM UNIVERSITY,
NH 31-A TADONG, GANGTOK, EAST SIKKIM
SIKKIM. PIN CODE – 737102

EIILM University Sikkim

TO
THE PIO
O/O THE registrar
EIILM University Sikkim
Jorethang, District Namchi
Sikkim PIN CODE- 737121

Finance,revenue & expenditure Department,govt.of sikkim

to
the pio
o/o the addl.secretary
Finance,revenue & expenditure Department,govt.of sikkim
gangtok sikkim pin code-737101

SIKKIM MANIPAL UNIVERSITY, DIRECTORATE OF DISTANCE EDUCATION

TO
THE APIO
SR. ACADEMIC FACILITATOR
DIRECTORATE OF DISTANCE EDUCATION,
SIKKIM MANIPAL UNIVERSITY
5TH MILE TADONG, GANGTOK SIKKIM-737102

SIKKIM MANIPAL UNIVERSITY (SMU)

TO
THE PIO
O/O THE REGISTRAR
SIKKIM MANIPAL UNIVERSITY (SMU)
5TH MILE TADONG, GANGTOK SIKKIM-737103