Appeals in RTI

Appeals in RTI

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APPEALS IN RTI
APPEALS IN RTI

What is RTI?

RTI or Right to Information is a legal right through which concerned and aware citizens of the country can seek any information for the government, subject to their approval. It is a right of the citizens to be aware of what is going on in the governmental bodies that govern them.  It gives citizens an active stance in the policy making of the government and holds the officials accountable for their acts. This right is governed by the RTI Act of 2005.

First Appeal to RTI

An appeal is filed to an RTI when the response received is improper or ambiguous. An appeal can also be filed if there is no response received within 30 days of filing of the RTI. Further the appeal has to be made within 60 days of filing of the appeal. The first appellate authority also has a duty to respond within 30 days, failing which a second appeal can be filed.

In case of unsatisfactory response, the appeal has to be made within 30 days of the receipt of communication of the information.

Second Appeal to RTI

·         The Second Appeal can be filed after forty –five days after filing of First appeal or immediately after First Appellate Authority decision
·         The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received

Who can File the Appeals?

  • Any citizen who has filed an RTI and is aggrieved by no response or unsatisfactory reply or incorrect information.
  • Third parties to whom the information is asked for, relates to or has been supplied as confidential.

Where to File the Appeals

FIRST APPEAL

The first appeal to an RTI is filed to the First Appellate Authority, details of which can be obtained from the decision letter of the Public Information Officer, who answers the RTI. In a case of no response, the same can be determined from the official website or the letter can be addressed to the First Appellate Authority and can be sent to the PIO.

SECOND APPEAL

The Second Appeal is always filed with either the SIC (State Information Commission) or CIC (Central Information Commission).

  1. If your RTI was filed with a state Public Authority like Municipal Corporation, Transport Office etc you can file the Second Appeal with either the SIC of the respective state or the CIC. However only one must be chosen and you cannot file the Appeal with both of them.
  2. If your RTI was filed with a central Public Authority like SBI, Post Office, Home Ministry etc you should file the Appeal with CIC.

The addresses of the SICs can be found at their respective websites as listed here. The address of the CIC is Central Information Commission, August KrantiBhawan, BhikajiCama Place New Delhi-110066.

Essentials of Filing the Appeals

  • Self-attested photocopy of RTI application.
  • Self-attested copy of the PIO’s response.
  • Other documents justifying the grounds of appeal.
  • Particulars of the RTI application filed to the PIO.
  • The information requested in the application.
  • The decision or ignorance of the PIO.
  • Information provided by the PIO.
  • Information not provided by the PIO.
  • Reasons for Grievance.
  • In case of second appeal, it must include a copy of the First Appeal.
  • An index of all the documents.

Application Fee

The application fee and format differ from state to state. The applicant can find the respective information in the official website of RTI.

Format of Second Appeal

  1. Name and address or the appellant
  2. Name and address of the Central Public Information Officer to whom the application was addressed
  3. Name and address of the Central Public Information Officer who gave reply to the Application
  4. Name and address of the First Appellate Authority Who decided the First Appeal
  5. Particulars of the application
  6. Particulars of the order(s) including number, if any, against which the appeal is preferred
  7. Brief facts leading to the appeal
  8. Prayer or relief sought
  9. Grounds for the prayer or relief
  10. Any other information relevant to the appeal
  11. Verification/authentication by the appellant

To file an APPEAL IN RTI click here.

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