A Comprehensive Guide to RTI Applications and CIC Appeals

In the landscape of Indian democracy, the Right to Information (RTI) Act, 2005, serves as a vital tool for ensuring accountability and transparency in public authorities.

For legal practitioners at Legal Light Consulting, understanding the procedural nuances of filing RTI applications and navigating the Central Information Commission (CIC) appeal process is essential for effective advocacy.

This educational guide details the step-by-step process as per the RTI Rules, 2012, and statutory provisions.

Phase 1: Filing the RTI Application

The journey for information begins with a formal request to the concerned public authority.

1. Identification of Public Authority

Determine which Central Government Ministry, Department, or Public Sector Undertaking (PSU) holds the required information.

2. Drafting the Application

• Format: The application can be handwritten or typed in English, Hindi, or the official language of the area.

• Content: Ordinarily, the request should not exceed 500 words (excluding annexures and addresses). It must clearly specify the information sought and provide the applicant’s contact details.

• No Reason Required: Under Section 6(2), an applicant is not required to provide reasons for seeking information.

3. Payment of Fees

• A fee of ₹10 must accompany the application.

• Exemption: Citizens belonging to the Below Poverty Line (BPL) category are exempt from this fee, provided they attach a copy of their BPL certificate.

4. Submission

Applications can be submitted:

• Online: via the RTI Online Portal.

• Offline: By post or in person to the Central Public Information Officer (CPIO).

Phase 2: The First Appeal

If the CPIO fails to respond within 30 days or provides unsatisfactory information, the applicant may file a First Appeal.

• Timeline: Must be filed within 30 days from the receipt of the CPIO’s decision or from the date the decision was due.

• Authority: Addressed to a senior officer within the same public authority, known as the First Appellate Authority (FAA).

• Fee: No fee is prescribed for filing a First Appeal to Central Government authorities.

Phase 3: The Second Appeal to the CIC

The Central Information Commission is the highest appellate body for Central Public Authorities. A Second Appeal is filed when an applicant is aggrieved by the FAA’s decision or if no decision is made within the prescribed period.

1. Eligibility for Second Appeal

A person is deemed to have exhausted available remedies if:

• The FAA has passed a final order on the appeal.

• No final order has been made within 45 days of filing the First Appeal.

2. Timeline and Format

• Deadline: Must be filed within 90 days from the date the FAA decision was received or should have been made.

• Format (Rule 8): The appeal should be in the prescribed format including:

  1. Name and address of the appellant.

  2. Details of the CPIO and FAA involved.

  3. Particulars of the RTI application and orders challenged.

  4. Brief facts and grounds for the prayer.

  5. The specific prayer or relief sought.

3. Mandatory Documents

The appeal must be accompanied by authenticated copies of:

• The original RTI application.

• The CPIO’s response (if any).

• The First Appeal filed with the FAA.

• The FAA’s order (if any).

• An index and chronological chart of progress.

Phase 4: CIC Procedure for Deciding Appeals

Once a Second Appeal is registered, the Commission follows a structured procedure (Rule 11):

• Evidence: The Commission may receive oral or written evidence on oath or affidavit.

• Inspection: It may peruse or inspect public records and documents.

• Hearings: The Commission hears the CPIO, FAA, or any third party involved in the case.

• Presence: Appellants are informed of the hearing date at least seven clear days in advance. They may appear in person, through a representative, or via video conferencing.

• Final Order: The Commission’s order must be in writing and is binding on all parties.

Role of Legal Light Consulting

For an RTI Lawyer, precision in drafting and strict adherence to timelines are paramount. Whether it is ensuring the 500-word limit is respected or verifying that all self-attested documents are included in a CIC appeal, professional diligence ensures that the citizen’s right to know is effectively upheld.

General RTI Process

1. Who can file an RTI application?

Any Indian citizen is entitled to seek information from a “public authority” under the RTI Act, 2005.

2. What type of information can I seek?

You can request “information” in any form, including records, documents, memos, emails, opinions, press releases, circulars, orders, logbooks, contracts, reports, and data held in electronic form.

3. Is there a word limit for my RTI application?

Yes. Ordinarily, an RTI application should not exceed 500 words, excluding annexures and the addresses of the Central Public Information Officer (CPIO) and the applicant.

Fees and Timelines

4. What is the fee for filing an RTI?

• Application Fee: ₹10 for Central Government authorities.

• BPL Exemption: Citizens belonging to the Below Poverty Line (BPL) category are exempt from paying fees, provided they attach a copy of their BPL certificate issued by the appropriate government.

5. How long does it take to get a response?

• Standard Request: The CPIO must respond within 30 days of receiving the application.

• Life or Liberty: If the information concerns the life or liberty of a person, the response must be provided within 48 hours.

First and Second Appeals

6. When can I file a First Appeal?

You may file a First Appeal if:

• You do not receive a decision within the 30-day timeline.

• You are aggrieved by the CPIO’s decision (e.g., partial information or wrongful rejection).

• Timeline: It must be filed within 30 days from the receipt of the CPIO’s response or the date the response was due.

7. When should I file a Second Appeal to the CIC?

A Second Appeal is filed when you are dissatisfied with the decision of the First Appellate Authority (FAA) or if the FAA fails to pass an order within the prescribed time.

• Condition: A person is deemed to have exhausted remedies if the FAA has passed a final order or if 45 days have elapsed since filing the First Appeal without a decision.

• Timeline: You must file the Second Appeal within 90 days from the date the FAA’s decision was received or should have been made.

Filing a Second Appeal (CIC)

8. What documents must accompany a Second Appeal?

As per Rule 8, you must submit two copies of the appeal along with:

• A self-attested copy of the original RTI application.

• Self-attested copies of the CPIO’s reply and the First Appeal filed.

• The order (if any) from the First Appellate Authority.

• An index of the documents and a chronological chart of the case progress.

9. What is the format for a Second Appeal?

The appeal should follow the format prescribed in the Appendix (Rule 8), which includes:

• Name and address of the appellant.

• Details of the CPIO and FAA involved.

• Brief facts leading to the appeal.

• The specific prayer or relief sought and the grounds for it.

• Verification/authentication by the appellant.

10. Do I need to attend the CIC hearing?

The Commission will inform you of the hearing date at least seven clear days in advance. You may appear in person, through an authorized representative, or via video conferencing if available. If you choose not to attend, the Commission may still decide the case on its merits.