Appeal before Citizen Grievance Redressal Authority

Appeal before Citizen Grievance Redressal Authority.—

1. (1) In case of breach of timelines by the Designated Officer an appeal shall automatically lie before the Authority.
2. (2) The appeal shall be automatically lodged before the Authority and the original application shall be deemed to be an appeal for the purpose of Section 7 of this Act.
3. (3) In case of rejection of application by the Designated Officer, the applicant may prefer an appeal before the Authority. The Appeal may be filed online.
4. (4) In case of appeals filed under subsection (2) and (3) above, the applicant shall be provided an appeal number to enable him to track the status of his appeal.
5. (5) The Authority, upon receipt of the appeal, shall issue a notice to the Designated Officer seeking his comments on the inaction or denial of the service to the applicant; Provided that, if on examination of the appeal, it appears to the Authority that the default in providing the service is prima facie wrong and unreasonable, he is not required to issue any notice, and instead shall direct the Designated Officer to provide the service within 07 days or such period as may be specified in the order.
6. (6) The Authority shall decide the appeal on merits and shall not remand the appeal to the Designated Officer for reconsideration.
7. (7) The Authority shall decide the appeal within 30 days of the receipt of appeal. The decision shall be communicated to both the parties in the manner prescribed.
8. (8) Where, in the course of proceedings, the Authority is of the opinion that the default in providing the service was unjustified or unreasonable, it may, by an order in writing—
   • (a) direct the Designated Officer to provide the service to the applicant; and
   • (b) require the Designated Officer to show cause why a penalty should not be imposed for failure to provide such service.
9. (9) The Designated Officer against whom such notice is issued may submit a representation within seven days from the date of receipt of such notice. Where no such representation is received within the said period, or where the explanation submitted is found to be unsatisfactory, the Authority may, by order, impose such penalty as deemed fit upon the Designated Officer and direct the concerned accounts functionary to recover the amount of penalty from the salary of such Designated Officer: Provided that no such penalty shall be imposed unless the Designated Officer has been given a reasonable opportunity of being heard: Provided further that where the Authority is satisfied that the default in delivery of the service is not attributable to the Designated Officer against whom notice has been issued, but to any other Designated Officer and/or any other officer/official involved in the process of providing such service, it may, by order—
   • (a) withdraw the notice issued against such first-mentioned Designated Officer; and
   • (b) issue a show cause notice to such other Designated Officer and/or any other officer/official involved in the process of providing such service, found responsible for the delay, and thereafter proceed against him in accordance with the provisions of this section.
10. (10) The Authority shall, before passing any order determining liability under this Act, observe the principles of natural justice.