Chapter V APPEAL TO APPELLATE AUTHORITY

10.

Filing of appeal 11.

1. (1) Every complaint forwarded along with the details under section 9 shall be deemed to have filed an appeal to the Appellate Authority.
2. (2) Any person aggrieved by a decision of the concerned Grievance Redressal Officer or who has not been informed in writing the manner in which his grievance has been redressed in respect of a complaint filed by him, may, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the Appellate Authority: Provided that the Appellate Authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time.
3. (3) The receipt of an appeal under sub-section
4. (2) shall be acknowledged by the Appellate Authority in writing or through electronic means or through text message or through any other means as may be prescribed, within three working days.
5. (4) Every appeal filed under sub-section
6. (2) or deemed appeal under sub-section
7. (1) shall be disposed of by Appellate Authority within the prescribed time frame.
8. (5) The Appellate Authority may, in deciding an appeal, impose penalty, as prescribed in sub-section
9. (1) of section 16, against the concerned officer for acting in a mala fide manner or having failed to discharge his duties without any sufficient and reasonable cause: Provided that the concerned officer of the public authority shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
10. (6) The Appellate Authority shall upon adjudication of a complaint have the powers to issue directions requiring the concerned officers of the public authority to take such steps as may be necessary to render the services in compliance of the notification issued under section 4.

12.

Burden of proof 13.

Where Grievance complained of is a result of corrupt practices 14. Where it appears to the Appellate Authority that the grievance complained of is prima facie indicative or representative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988 on the part of the individual officer of the public authority complained against, then it shall record in writing such evidence as may be found in support of such conclusion and shall in writing refer the same to the appropriate authority.

15.

1. (1) The Appellate Authority shall, for the purposes of its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:-
   • (i) Summoning and enforcing the attendance of any person and examining him on oath;
   • (ii) Discovery and production of any document or other material object producible as evidence;
   • (iii) Receiving evidence on affidavits;
   • (iv) Requisitioning of any public record;
   • (v) Issuing commission for the examination of witnesses;
   • (vi) Such other matter which may be prescribed.
2. (2) The Appellate Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made there under, the Authority shall have the power to regulate its own procedure.
3. (3) The Appellate Authority shall monitor the implementation of this Act on a regular basis.
4. (4) Without prejudice to the provisions contained in sub-section (3), the functions of the Authority shall, amongst other things, include the following, namely:-
   • (a) monitoring the publication of services to be delivered and adherence to the time schedule, manner of delivery and quality of such services notified by the Government;
   • (b) redressal of the public grievances with regard to the non-availability of public service in electronic mode and/or any deficiency in electronic service delivery;
   • (c) recommend changes in the procedure for delivery of public service which shall make the delivery more transparent, efficient and friendly: Provided that before making such recommendation, the Authority shall consult the Administrative Secretary of the Department which is to deliver the public service;
   • (d) to seek feedback/response from the citizens about their experience in availing the services from the public authority and review the same;
   • (e) hear and decide the revision with regard to default and/or delay in delivery of public service filed before it;
   • (f) notice of failure to deliver public service in accordance with this Act and refer such cases to public authority for disposal as it may deem appropriate; and
   • (g) performing any other function as may be prescribed.