Cyber Appellate
Tribunal formed in Andhra Pradesh under IT Act 2000
Hyderabad|India|March'2011:
Government of India enacted Information
Technology (IT) Act 2000. As per Section 46 sub section 5 of this act,
Cyber Appellate Tribunal has been established under the IT Act under the
Aegis of Controller of Certifying Authorities (CCA). A Cyber Appellate
Tribunal consists of one Presiding Officer who is qualified to be a Judge
of a High Court or is or has been a member of the Indian Legal Service and
is holding or has held a post in Grade I of that Service for at least
three years supported by other official under him/her.
The Cyber Appellate Tribunal has, for the purposes of discharging its
functions under the IT Act, the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908. However, is not bound by the
procedure laid down by the Code of Civil Procedure, 1908 but is guided by
the principles of natural justice and, subject to the other provisions of
this Act and of any rules. The Cyber Appellate Tribunal has powers to
regulate its own procedure including the place at which it has its
sittings. Justice Rajesh Tandon is current chairperson for the Cyber
Appellate Tribenal supported by Registrar Mr. R.K. Uppal, at New Delhi.
Every State should have Adjudicating Officer and shall have the powers of
the civil court and that all the proceedings before the adjudicating
officer shall be deemed to be judicial proceedings within the meaning of
section 193 and 228 of the Indian Penal Code. Government of India has
decided that IT Secretaries of the state governments will function as
Adjudicating Officer for holding an enquiry in their respective states and
their jurisdiction shall extend to the entire state.
The Adjudicating Officers will be responsible for conducting field
enquires in Cyber Crimes or in cyber offences registered under the
Information Technology Act, 2000. Accordingly a Gazette notification was
issued by GoI. As decided by GoI the Adjudicating Officer for state of
Andhra Pradesh will be the Principal Secretary to Government, IT&C
Department.
The theme of Cyber Crime may involve Phishing, Cyber Frauds, Malware,
Denial of service, Cyber espionage, Identity theft, Data theft, Mobile
device attacks, Financial crimes, Social engineering, Cyber terrorism,
Spam etc. Public who are effected with Cyber crime may lodge a complaint
with the Adjusting Officer for holding an enquiry.
Now The Chairperson, Cyber Appellate Tribunal decided to connect all the
adjudicating authorities with Appellate Tribunal, New Delhi by way of
“Video Conferencing System” for day to day official proceedings. For this
purpose they have provided Video conference end point to the O/o Adjusting
Officer.
Shri R.K. Uppal, Registrar, Cyber Appellate Tribunal, New Delhi has
personally delivered the Video Conference equipment to Smt. K. Ratna
Prabha, IAS, Prl. Secretary, IT&C Department,AP Secretariat, who is the
Adjudicating Officer for Andhra Pradesh State. Andhra Pradesh is the first
State to receive such equipment from Cyber Appellate Tribunal. IT&C Dept
proposes to conduct one day workshop on cyber crimes shortly involving
judiciary and Home dept personnel dealing with cyber crimes .
All citizens can approach State Cyber Appellate Tribunal for the Cyber
grievances under the above categories mentioned. The contact details are
as given below :
Prl Secy IT&C Dept, Room No: 431,D-Block, 3rd floor, AP Secretariat,
Hyderabad-500022. Phone 040 23456401 Fax No: 040 23450103. e-mail id :
prlsecy_itc@ap.gov.in Mr D Venkatachalam, SSA IT&C Dept is the Presiding
officer and contact details are : Room No: 437, D-Block, 3rd floor, AP
Secretariat, Hyderabad-500022. Phone 040 23450043 Fax No: 040 23450103.
e-mail id : jtdir_infra_itc@ap.gov.in