A Practical Guide to Filing RTI Applications and CIC Appeals

For Legal Practitioners & Advocates – Educational Resource by Legal Light Consulting

The Right to Information (RTI) Act, 2005, empowers citizens to seek information from public authorities, promoting transparency and accountability. As legal practitioners, understanding the procedural nuances of filing RTI applications and appeals before the Central Information Commission (CIC) is essential.

This guide, based on the procedural rules outlined in the official gazette, provides a step-by-step framework for effective representation and compliance.

Part 1: Filing an RTI Application

Key Steps:

1. Identify the Correct Public Authority and CPIO

   • Determine which department or office holds the information.

   • Address the application to the Central Public Information Officer (CPIO) of that authority.

2. Draft the Application

   • Clearly state the information sought.

   • Be specific and concise to avoid ambiguity.

   • No need to provide reasons for seeking information.

3. Submit the Application

   • Can be submitted in writing or electronically.

   • Pay the prescribed fee (if applicable).

   • Keep a copy of the application and proof of submission.

4. Await Response

   • The CPIO must respond within 30 days (48 hours for life/liberty cases).

   • If no reply is received or information is denied, proceed to first appeal.

Part 2: First Appeal Before the First Appellate Authority (FAA)

When to File:

• If the CPIO does not respond within the stipulated time.

• If the information provided is incomplete, misleading, or wrongly denied.

Procedure:

1. File the appeal within 30 days from the date of receipt of the CPIO’s reply (or after 30 days from application if no reply).

2. Address the appeal to the First Appellate Authority (FAA) of the same public authority.

3. Include:

   • Copy of the original RTI application.

   • Copy of the CPIO’s reply (if any).

   • Grounds for appeal.

4. The FAA must dispose of the appeal within 30–45 days.

Part 3: Second Appeal Before the Central Information Commission (CIC)

Grounds for Filing:

• If the FAA’s order is unsatisfactory.

• If the FAA does not pass any order within 45 days of the first appeal.

Format of Appeal (As per Rule 8):

The appeal must contain the following particulars:

1. Name and address of the appellant

2. Name and address of the CPIO to whom the application was addressed

3. Name and address of the CPIO who replied

4. Name and address of the FAA who decided the first appeal

5. Particulars of the original application

6. Particulars of the order(s) being appealed

7. Brief facts leading to the appeal

8. Prayer or relief sought

9. Grounds for the prayer

10. Any other relevant information

11. Verification/Authentication by the appellant

Part 4: Procedure Before the CIC

Hearing Process:

• The appellant will be notified at least 7 clear days before the hearing.

• The appellant may appear in person, through an authorized representative, or via video conferencing.

• The Commission may allow additional opportunity if the appellant is unable to attend due to genuine reasons.

Evidence and Submissions:

The Commission may:

• Receive oral or written evidence on oath or affidavit.

• Peruse or inspect documents and public records.

• Conduct inquiries through authorized officers.

• Hear the CPIO, CAPIO, FAA, or third parties.

Service of Notice:

Notices may be served:

• By the party itself.

• By hand delivery through Process Server.

• By registered post with acknowledgment.

• By email if an electronic address is available.

Part 5: Order of the Commission

• The CIC’s order must be in writing and issued under the seal of the Commission.

• It must be authenticated by the Registrar or an authorized officer.

• The order is binding on the public authority.

Key Legal Points for Practitioners

1. Exhaustion of Remedies: An appeal to the CIC is admissible only after the first appeal is disposed of by the FAA, or if 45 days have passed without an order.

2. Representation: Public authorities may authorize any officer or representative to present their case. Similarly, appellants may be represented by authorized persons.

3. Flexibility in Hearing: The CIC may provide another hearing opportunity if satisfied with the appellant’s inability to attend.

4. Documentation: Maintain a clear record of all communications, appeals, and orders. Use registered post or email for proof of submission.

5. Third-Party Involvement: If the information involves a third party, the CIC may hear them before passing an order.

Conclusion

Mastering the procedural aspects of RTI and CIC appeals enhances a lawyer’s ability to advocate for transparency and hold public authorities accountable. By adhering to the prescribed formats, timelines, and procedural requirements, legal practitioners can effectively navigate the RTI framework and secure information in the public interest.

This guide is intended for educational purposes and should be supplemented with updated legal advice and current case law.

Prepared by:

Legal Light Consulting – RTI Practice Group – Empowering Lawyers with Knowledge & Strategy