A Practical Legal Guide for RTI Lawyers — Filing RTI Applications & CIC Appeals Under Legal Light Consulting

The Right to Information Act, 2005 (RTI) is one of the strongest transparency laws in India. For RTI Lawyers working under Legal Light Consulting, providing precise procedural guidance to citizens, NRIs, activists, and litigants is essential. Two core services offered in this domain are:

1. Drafting & Filing RTI Applications

2. Preparing and Filing Appeals before the Central Information Commission (CIC)

This article breaks down both processes in detail with practical insights for legal consulting professionals.

1. Filing an RTI Application — Lawyer’s Consulting Perspective

Objective

To seek specific information from a Public Authority, held or controlled by the Government of India.

Key Elements an RTI Lawyer Must Ensure

✔ The application clearly identifies the Public Authority and CPIO
✔ Questions are precise, not vague, and relate to public records
✔ The request avoids seeking interpretations or personal opinions
✔ Proper fee payment mode is advised (especially for NRIs using e-IPO or online payment)

Step-by-Step Process

Step 1 — Identify Public Authority & CPIO

For central matters like passports, UPSC, railways, banks, courts, etc., the RTI goes to the Central Public Information Officer (CPIO) of the concerned authority.

Step 2 — Draft the RTI with Clear Queries

A lawyer must frame queries such as:

• Provide certified copies of file notings, communications, approvals, timelines, inspection reports, action taken, status updates, etc.

Step 3 — Attach Identity (Optional)

Under RTI, the applicant is not required to provide a reason or personal identity proof, except contact details.

Step 4 — Pay the Prescribed Fee

• For residents: ₹10 via postal order, online payment, or demand draft

• For NRIs: e-IPO (Electronic Indian Postal Order) is commonly recommended for appeals filed abroad to Indian authorities

Step 5 — Submission Mode

The application can be filed:

• Online (where facility exists)

• By post

• In person at RTI cell

Step 6 — Track the RTI Timeline

CPIO must reply within 30 days

When to file First Appeal

If:

• No reply received within 30 days, OR

• Information denied or incomplete reply received

➡ File First Appeal to First Appellate Authority (FAA) within 30 days of CPIO reply or lapse of deadline

2. Filing a CIC Second Appeal — Legal Procedure for RTI Lawyers

The Second Appeal before CIC is filed under Section 19(3) of RTI Act after exhausting remedies at the First Appeal stage.

Who Can File a CIC Appeal?

A person is deemed to have exhausted remedies if:

(a) A final order has been passed by the First Appellate Authority, OR
(b) 45 days have elapsed since filing the First Appeal and no final order has been issued.

Rules Governing CIC Appeal Hearings

While deciding an appeal, the Commission may:

• Receive oral or written evidence on oath/affidavit

• Inspect or peruse public records

• Conduct inquiry through authorized officers

• Hear CPIO, CAPIO, FAA, third party

• Accept evidence on affidavit from concerned partiee

Format & Structure of a CIC Second Appeal

The appeal must include the following (as prescribed in Appendix – Rule 8):

1. Name & address of the appellant

2. Name & address of the CPIO to whom RTI was addressed

3. Name & address of the CPIO who replied

4. Name & address of the First Appellate Authority

5. Particulars of RTI Application

6. Particulars of order(s) appealed against

7. Brief facts

8. Prayer/Relief sought

9. Grounds for relief

10. Other relevant information

11. Verification/Authentication by appellant

Timeline & Mode of Hearing

• CIC must give notice at least 7 clear days before hearing

• Appellant may appear:

  • In person

  • Through authorized representative

  • Through video conferencing (if facility exists)

• If CIC is satisfied the appellant cannot attend, it may:

  • Provide another opportunity, OR

  • Take other appropriate action before final order

How RTI Lawyers Add Value Under Legal Light Consulting

A. While Filing RTI

• Converting citizen concerns into legally framed questions

• Seeking certified records admissible for future litigation

• Ensuring compliance with fee and submission rules

• Advising on exemptions (Section 8), larger public interest arguments, and precedents

B. While Filing CIC Second Appeal

• Drafting strong grounds for appeal citing procedural violations:

  • Non-response beyond 45 days

  • Wrongful reliance on judgments without applicability

  • Mechanical denial without Section 8 justification

  • Public interest override submissions

• Preparing affidavits, representations, and hearing briefs

• Attending hearings or representing clients virtually

• Ensuring orders are enforced via compliance submissions or penalty proceedings (Section 20)

Common Grounds Used by RTI Lawyers in CIC Appeals

Consulting Best Practices for Lawyers

• Always ask for certified copies if information may be used as evidence

• Keep appeal facts chronological and concise

• Draft prayer section clearly: “Direct CPIO to provide information free of cost and impose penalty under Section 20 for non-compliance.”

• Attach:

  • RTI copy

  • CPIO reply (if any)

  • First Appeal copy

  • FAA order or proof of 45-day lapse

  • Authorization letter (if lawyer represents applicant)

Conclusion

For an RTI Lawyer, filing RTI Applications and CIC Second Appeals is not just clerical work — it is a legal craft that requires:

• Knowledge of statutory deadlines

• Understanding of appeal remedies

• Ability to argue exemptions and public interest

• Procedural mastery as prescribed by CIC rules

Legal Light Consulting professionals specializing in RTI must ensure every application and appeal is drafted as a future-proof legal document, capable of standing strong in both CIC proceedings and courts, when required.