(1) Any person who does not receive a decision from a State Public Information Officer within the prescribed time, or is aggrieved by a decision of a State Public Information Officer, as the case may be, may within the prescribed time, prefer an appeal to such officer who is designated as the First Appellate Authority. The appeal shall be submitted in the format given in Form 13. An appellant may file an appeal drafted on plain paper containing all details as required in Form 13. The First Appellate Authority shall dispose off the appeal in accordance with sub-sections (1) and (2) of section 19of the Act and Rules.
(2) Any person aggrieved by an order passed by the First Appellate Authority or by non-disposal of his appeal within the prescribed period by the First Appellate Authority, may file a second appeal within the prescribed time to the Commission in Form 14. An appellant may file a second appeal drafted on plain paper containing all details as required in Form 14. Such appeal shall be accompanied by the following documents duly verified as true copies by the appellant:
(i) a copy of the request for information submitted to the State Public Information Officer under sub-section (1) of section 6 of the Act;
(ii) a copy of the reply received, if any, from the State Public Information Officer;
(iii) a copy of the appeal made to the First Appellate Authority under sub-section (1) of section 19of the Act;
(iv) a copy of the order, if any, received from the First Appellate Authority;
(v) copies of other documents relied upon by the appellant and referred to in his appeal; and
(vi) a certificate of the appellant that no appeal on the same ground(s) against the same First Appellate Authority was filed by him earlier.
An appeal to the Commission should be typed, printed or written neatly and legibly, and should be filed in three copies.
(3) Every appeal filed with the Commission shall be examined by the Registrar. If the Registrar is of the view that the appeal is not in accordance with the provisions of these rules, he shall return the appeal to the appellant, pointing out the defect(s) therein for the removal of the defect(s), and enter the details thereof in a register maintained for the purpose in Form 11. If the Registrar is of the view that the appeal is in accordance with the provisions of these rules, he shall direct that the appeal be numbered and entered in a register maintained for the purpose in Form 15.
(4) After an appeal has been registered, the Registrar shall forward it to the Chief Information Commissioner or the Information Commissioner having jurisdiction over the matter.
(5) The Commission shall allot a case number to the appeal and fix the date for the first hearing of the appeal.
(6) The Commission shall issue notices to the appellant, the State Public Information Officer and the First Appellate Authority concerned at least 15 days before the date fixed for the hearing.
A copy of the appeal shall also be sent to the State Public Information Officer and the First Appellate Authority directing them to submit their written statements in two copies by the date fixed.
(7) On the date of hearing of the appeal, a copy each of the written statements of the State Public Information Officer and the First Appellate Authority shall be furnished to the appellant for his submission, if any. After considering the contents of the appeal, the written statements of the State Public Information Officer and the First Appellate Authority, and the submission made by the parties at the hearing, the Commission, if it is satisfied that there are reasonable grounds for consideration of the appeal, may fix a date for further hearing in respect thereof, such hearing shall be conducted in accordance with the provisions of section 19 of the Act and these rules. If the Commission is of the view that no reasonable grounds exist to further consider the appeal, it shall dismiss the appeal.
(8) The Commission, while hearing an appeal may-
(i) receive oral evidence on oath or on affidavit from the appellant;
(ii) receive oral evidence on oath or on affidavit from the State Public Information Officer and / or the First Appellate Authority;
(iii) receive oral evidence on oath or on affidavit from third party or from any other person whose evidence is considered necessary;
(iv) peruse or inspect documents, public records or copies thereof.
8. In any hearing on a complaint or appeal the Commission may issue notice to any party by name in Form 16. The notice shall be served on the person concerned in any of the following modes:
Presence of parties during hearing on complaint or appeal
(i) service by the complainant, the appellant or the respondent as the case may be;
(ii) by hand delivery (dasti) through process server;
(iii) by registered-post or speed-post;
(iv) by E-mail in case E-mail address is available.