Second Appellate Authority under the Right to Information Act, 2005
Under the Right to Information Act, 2005, an applicant has the right to file a Second Appeal if he or she is not satisfied with the decision of the First Appellate Authority, or if no decision is received within the prescribed period on the First Appeal.
In matters relating to the Right to Information concerning Local Self-Government Institutions in Kerala, the Second Appeal is generally filed before the Kerala State Information Commission.
Major Functions of the Second Appellate Authority
The Kerala State Information Commission is an independent statutory authority responsible for ensuring the effective implementation of the Right to Information Act. In addition to considering Second Appeals, the Commission performs the following important functions:
Consider Second Appeals against decisions of the First Appellate Authority.
Examine instances where the applicant has not received the information requested.
Examine whether the actions of the Public Information Officer are in accordance with the provisions of the Act.
Call for relevant records, documents, and explanations from the concerned public authorities.
Issue appropriate directions for providing information in accordance with the provisions of the law.
Take appropriate action in cases involving violations of the provisions of the Right to Information Act.
Take necessary measures to promote the effective implementation of the Right to Information Act in public authorities.
Circumstances in which a Second Appeal may be Filed
An applicant may approach the Kerala State Information Commission under the following circumstances:
If the applicant is not satisfied with the decision of the First Appellate Authority.
If no decision is received on the First Appeal within the prescribed period.
If the Public Information Officer or the First Appellate Authority fails to provide information in accordance with the provisions of the Act.
If the applicant believes that information legally accessible to him or her has been unjustifiably denied.
Time Limit for Filing a Second Appeal
Generally, a Second Appeal may be filed before the State Information Commission within 90 days from the date on which the decision of the First Appellate Authority was received or should have been made.
If the appeal is filed after the prescribed period, the Commission may admit the appeal if it is satisfied that there was sufficient cause for the delay.
Applicability to Kunnamkulam Municipality
Under the Right to Information Act, 2005, an applicant has the right to file a Second Appeal if he or she is not satisfied with the decision of the First Appellate Authority or if a decision is not received on the First Appeal within the prescribed period.
In matters relating to the Kunnamkulam Municipality, a Second Appeal may be filed before the Kerala State Information Commission. The Commission plays an important role in safeguarding citizens' right to information by examining the actions of the Public Information Officer and the First Appellate Authority and, where necessary, issuing directions for providing the information sought.
This appellate mechanism contributes significantly to strengthening transparent, accountable, participatory, and citizen-oriented governance in Local Self-Government Institutions.
Commission Secretary
Kerala State Information Commission
Thiruvananthapuram Kerala – 695001
