Section 16 in Jammu and Kashmir Right to Information Act, 2009
16. Appeal.
(1)Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Public Information Officer, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Public Information Officer, in each public authority:Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.(2)Where an appeal is preferred against an order made by a Public Information Officer under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.(3)Where any Officer, at the time of deciding an appeal under sub-section (1) is of the opinion that the public Information Officer has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or has knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information he or she shall make a reference to that effect to the State Information Commission.(4)A second appeal against the decision under sub-section (1) 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:Provided that the State Information Commission may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.(5)If the decision of the State Public Information Officer against which an appeal is preferred relates to information of a third party, the Information Commission shall give a reasonable opportunity of being heard to that third party.(6)In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Public Information Officer who denied the request.(7)An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.(8)The decision of the State Information Commission shall be binding.(9)In its decision, the State Information Commission has the power to -(a)require the public authority to take any such steps as may be necessary to secure compliance with the provisions of the Act, including(i)by providing access to information, if so requested, in a particular form;(ii)by appointing a Public Information Officer;(iii)by publishing certain information or categories of information;(iv)by making necessary changes to its practices in relation to the maintenance, management and destruction of records;(v)by enhancing the provision of training on the right to information for its officials;(vi)by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;(b)require the public authority to compensate the complainant for any loss or other detriment suffered;(c)impose any of the penalties provided under the Act;(d)reject the application.(10)The State Information Commission shall give notice of its decision, including any right of appeal, to the complainant and the public authority.(11)The State Information Commission shall within sixty days from the receipt of appeal decide the appeal in accordance with such procedure as may be prescribed:Provided that the State Information Commission may decide an appeal within such extended period, not exceeding one hundred and twenty days from the date of filing thereof, as the case may be, for reasons to be recorded in writing extend.
