New Delhi:Complaints related to electronic transactions and cyber fraud in the state will now be resolved rapidly. The State Government has authorized the Secretary, Department of Information Technology and e-Governance to act as ‘Adjudicating Officer’ for resolution of such complaints.
Following the orders of the Jharkhand High Court and under the provisions of Section 46 of the Information Technology Act, 2000, a ‘Standard Operating Procedure’ (SOP) has been implemented. This SOP also explains the duties of the Adjudicating Officer as well as the procedures for filing the complaint and conducting the hearing.
SOP implemented
This SOP has got the approval of the Chief Minister as the Minister in-charge of the department. Earlier, this document was examined by the Law Department to ensure its legal validity. This SOP enables a transparent, uniform and legally binding resolution of complaints filed under the Information Technology Act, 2000. Its main objective is to ensure timely and effective resolution of complaints so that people’s confidence in the digital governance system can be further strengthened.
Under this SOP, the adjudicating officer will be responsible for resolving all complaints which have been filed under the IT Act and in which the amount of compensation or compensation claimed does not exceed Rs 5 crore. It is important to note that although the Secretary of the Department had already been appointed the Adjudicating Authority for the State, in the absence of a formal SOP, there was complete compliance with the provisions of the Act.
case disposal framework
To facilitate resolution of complaints, the ‘FORA’ system, meaning ‘Filing, Objection, Registration and Allotment Process’, will be adopted. Complaints can be filed either directly in the office of the Adjudicating Officer or through an online portal. All complaints should be submitted in the prescribed format only. It is mandatory to submit the necessary fee and self-attested copies of all necessary supporting documents along with the complaint.
The complainant will also have to submit a written response with complete information about his address and contact details. Applicable fees can be deposited through demand draft, challan or online payment.
If the complaint is found complete in all respects, it will be registered and a unique diary number or case number will be issued to the complainant. This case number will also be communicated to all other concerned parties. Incomplete applications may be returned for correction as per applicable rules.
Once the complaint is formally registered, a notice will be issued to the accused requiring him to submit his reply. The defendant shall submit a written reply along with all necessary documents by the prescribed date. The complainant may then file his reply to this reply and may also submit additional documents with the permission of the adjudicating officer.
Hearing offline or online
The hearing can be conducted through offline or online mediums. During the hearing, the parties concerned can present documentary evidence, technical records, statements of witnesses. The proceedings of the hearing will be preserved as a digital record. After the hearing the adjudicating officer will evaluate the technical, financial and legal aspects of the case. Help of experts can also be taken during this process. On completion of the investigation the Adjudicating Officer will issue a written order as per Rule 5. This order will also be uploaded on the official portal of the department.
Comments are closed.