The Right to Information Act, 2005 gives every citizen a right to information held by public authorities, within fixed time limits. When the Public Information Officer does not reply, refuses, or gives an incomplete answer, the first appeal is the step that gets most applications moving again.
When the PIO has to reply
Under Section 7(1), the Public Information Officer must provide the information or reject the request within 30 days of receiving the application. Where the information concerns the life or liberty of a person, the time limit is 48 hours. If no decision is given within the time allowed, Section 7(2) treats the request as refused, which means you can appeal without waiting further.
The first appeal: to whom and by when
Section 19(1) allows an appeal to an officer senior in rank to the PIO in the same public authority, usually called the First Appellate Authority. The appeal must be filed within 30 days of the expiry of the reply period or of receiving the PIO's decision. The appellate authority can admit an appeal filed after 30 days if you show sufficient cause for the delay.
The appeal should be decided within 30 days of receipt, which can be extended to a total of 45 days with reasons recorded in writing, under Section 19(6).
What to write in the appeal
- Your name and address, and the name of the public authority
- The date of your RTI application and how it was sent, with proof
- The PIO's reply, if any, and its date
- Exactly what was not supplied, or why the refusal or exemption claimed is wrong
- The relief you want, for example a direction to supply specific information free of cost because the time limit was missed
Keep the appeal short and specific. Attach copies of the application, postal or online receipt, and the PIO's reply.
If the first appeal fails
A second appeal lies to the Information Commission under Section 19(3) within 90 days of the date on which the first appeal decision was made or should have been made. For departments and bodies of the Uttar Pradesh Government, that is the U.P. State Information Commission. For Central Government public authorities, it is the Central Information Commission.
RTI in service matters
For employees, RTI is often the quickest way to obtain file notings, inquiry reports, select lists and the records a department relied on. Used carefully, it builds the record you will need if the matter later goes to the Tribunal or the High Court.
This article explains the general legal position for information only. It is not legal advice, and the outcome of any matter depends on its own facts and the rules that apply to it.