Guide to Filing RTI Applications and CIC Appeals: Insights from an RTI Lawyer at Legal Light Consulting

As an RTI Lawyer at Legal Light Consulting, I often guide clients through the intricacies of the Right to Information (RTI) Act, 2005, in India. This powerful legislation empowers citizens to seek information from public authorities, promoting transparency and accountability in governance.

However, the process can be daunting, especially when escalating to appeals. In this educational article, we’ll delve into the step-by-step process of filing an RTI application, followed by detailed guidance on filing a second appeal to the Central Information Commission (CIC)—drawing directly from the official rules outlined in the Central Information Commission (Appeal Procedure) Rules, 2005, as amended.

This is for informational purposes only and not legal advice; always consult a professional for your specific case.

Understanding the RTI Framework

The RTI Act allows any citizen to request information from a “public authority” (government bodies, PSUs, etc.) without needing to specify a reason. The process involves three levels:

1. Initial RTI Application: Submitted to the Public Information Officer (PIO).
2. First Appeal: To the First Appellate Authority (FAA) if unsatisfied with the PIO’s response.
3. Second Appeal: To the CIC if the first appeal fails or is not addressed timely.

We’ll cover each, with a focus on the CIC appeal based on the detailed procedural rules.

Step 1: Filing an RTI Application

Before diving into appeals, let’s start with the foundation—filing the initial RTI application. This is crucial because appeals stem from dissatisfaction here.

Who Can File?

Any Indian citizen can file an RTI. No need to be directly affected by the information sought.

Where to File?

Identify the relevant public authority and submit to its Central Public Information Officer (CPIO) or Assistant CPIO. For central government bodies, use the online portal at rtionline.gov.in for convenience.

How to File?

• Format: No prescribed format, but it should be clear and concise. Include:
  • Your name and contact details (address, email, phone).
  • Description of the information sought (be specific to avoid rejection).
  • Period for which information is required (if applicable).
  • Whether inspection of records is needed.
  • Preferred mode of reply (post, email, etc.).
• Mode of Submission:
  • Online: Via rtionline.gov.in (fee payment via net banking/credit/debit card).
  • Offline: By post, in person, or email (if the authority accepts).
• Fee:
  • Application fee: ₹10 (waived for BPL applicants).
  • Additional fees: ₹2 per page for photocopies, ₹50 per hour for inspection after the first hour.
  • Payment: Demand draft, cash, or online.
• Timeline: The PIO must respond within 30 days (48 hours for life/liberty matters). If no response, it’s deemed a refusal.

Tips from Legal Light Consulting

• Keep questions focused; broad queries may be rejected under Section 2(f) if they require collation.
• If information is held by another authority, the PIO must transfer it within 5 days.
• Exemptions: Information exempt under Section 8 (e.g., national security, personal privacy) can be denied, but reasons must be given.

If the response is unsatisfactory (denied, incomplete, or delayed), proceed to the first appeal.

Step 2: Filing the First Appeal

• When?: Within 30 days of receiving the PIO’s order or expiry of the 30-day response period.

• To Whom?: The First Appellate Authority (FAA), usually a senior officer in the same public authority.

• Format: Written application stating grounds of appeal. No fee.

• Timeline: FAA must decide within 30-45 days.

• Outcome

  : FAA can direct the PIO to provide information or uphold the denial.

If the FAA doesn’t respond within 45 days or you’re still dissatisfied, you can file a second appeal to the CIC. This is where the detailed rules from the CIC Appeal Procedure come into play.

Step 3: Filing a Second Appeal to the CIC

The Central Information Commission (CIC) is an independent body that hears second appeals under Section 19 of the RTI Act. As per the rules (notified in the Gazette of India), appeals must be filed after exhausting remedies at the FAA level. Here’s a detailed breakdown based on the official procedures.

Eligibility for Filing

You can file a second appeal if:

• You’ve appealed to the FAA and received a final order.
• No final order from the FAA, but 45 days have elapsed since filing the first appeal.

This ensures all lower remedies are availed, preventing premature appeals.

How to File the Appeal

• Format: Use the prescribed format in the Appendix to the Rules (Rule 8). It includes 11 mandatory fields:

  1. Name and address of the appellant.

  2. Name and address of the Central Public Information Officer (CPIO) to whom the application was addressed.

  3. Name and address of the CPIO who gave the reply to the application.

  4. Name and address of the First Appellate Authority who decided the first appeal.

  5. Particulars of the application (details of the original RTI).

  6. Particulars of the order(s), including number (if any), against which the appeal is preferred (e.g., PIO/FAA orders).

  7. Brief facts leading to the appeal (chronology of events).

  8. Prayer or relief sought (what you want the CIC to do, e.g., direct disclosure).

  9. Grounds for the prayer or relief (legal/ factual arguments, citing RTI sections).

  10. Any other information relevant to the appeal (attachments like copies of RTI, replies).

  11. Verification/authentication by the appellant (signed statement confirming truthfulness).

  Attach copies of the original RTI, PIO reply, first appeal, and FAA order (if any). No fee for second appeals.

• Mode of Filing:

  • Online: Via the CIC website (cic.gov.in) under “File Appeal/Complaint.”
  • Offline: By post to the CIC office in New Delhi or in person.

• Timeline: Within 90 days of the FAA order or expiry of the FAA’s response period. The CIC may condone delays for sufficient cause.

Procedure After Filing (As Per CIC Rules)

Once filed, the CIC follows a structured process (Rules 11-15):

1. Deciding the Appeal (Rule 11):

   • The Commission can receive oral or written evidence on oath/affidavit from interested parties.

   • Peruse or inspect documents, public records, or copies.

   • Inquire through an authorized officer for further details or facts.

   • Hear the CPIO, Assistant CPIO, FAA, or the person against whom the appeal is filed.

   • Hear third parties (if information involves them, e.g., privacy concerns).

   • Receive affidavits from CPIO, Assistant CPIO, FAA, or others.

   This ensures a fair, inquisitorial process rather than adversarial.

2. Presence of the Appellant (Rule 12):

   • You’ll be informed of the hearing date at least 7 clear days in advance.
   • Attend in person, via authorized representative, or video conferencing (if available).
   • If unable to attend due to circumstances, the CIC may grant another chance or proceed ex-parte.

3. Presentation by the Public Authority (Rule 13):

   • The authority can authorize any representative or officer to present their case, ensuring they have a voice.

4. Service of Notice (Rule 14):

   • Notices are issued by name and served via:
     • Party itself.
     • Hand delivery (dasti) through Process Server.
     • Registered post with acknowledgment due.
     • Electronic mail (if email is available).
   • This guarantees proper intimation to all parties.

5. Order of the Commission (Rule 15):

   • The order is in writing, under the CIC seal, authenticated by the Registrar or authorized officer.
   • It can direct disclosure, impose penalties (up to ₹25,000 on PIO for malafide denial), or recommend disciplinary action.
   • Orders are binding and can be enforced like court decrees.

Key Tips from an RTI Lawyer at Legal Light Consulting

• Gather Evidence: Always attach proofs; unsubstantiated claims weaken your case.

• Grounds: Cite RTI sections (e.g., Section 8 exemptions don’t apply if public interest overrides).

• Third-Party Involvement: If info affects others, they get a hearing—prepare accordingly.

• Delays: CIC hearings can take months; track status online.

• Common Pitfalls: Vague appeals are dismissed; be precise. If info is voluminous, PIO can charge, but appeals can challenge that.

• Penalties: CIC can penalize PIOs for delays/denials without reason—highlight this in your prayer.

• Post-Appeal: If unsatisfied with CIC order, approach High Court via writ petition.

Conclusion

Filing an RTI application and escalating to CIC appeals is a citizen’s right to hold public authorities accountable. At Legal Light Consulting, we emphasize meticulous preparation to maximize success. Remember, this process is free at the appeal stage and designed to be accessible. For personalized assistance, reach out to an RTI expert. Stay informed, stay empowered!

Note: Rules are based on the Central Information Commission (Appeal Procedure) Rules, 2005, as published in the Gazette of India. Always check for updates on official sites.