How to File an RTI Application and CIC Appeal: A Complete Guide for RTI Lawyers
The Right to Information Act, 2005 (RTI Act) empowers citizens to seek information from public authorities, ensuring transparency and accountability in governance. As RTI lawyers, it is crucial to understand not only how to draft an RTI application but also how to pursue remedies when information is denied or inadequately provided.
This article explains the procedure for filing RTI applications and appeals before the Central Information Commission (CIC), based on the Gazette of India rules.
Step 1: Filing an RTI Application
An RTI application is the first step in seeking information.
- Addressing the Application:
- Submit the application to the Central Public Information Officer (CPIO) of the concerned department.
- Clearly mention the subject matter and the specific information sought.
- Contents of the Application:
- Applicant’s name and address.
- Details of the information requested (precise, not vague).
- Payment of prescribed fees (usually ₹10).
- Reply Timeline:
- The CPIO must respond within 30 days.
- If the information concerns life or liberty, it must be provided within 48 hours.
Step 2: First Appeal
If the applicant is dissatisfied with the CPIO’s reply or if no reply is received within the stipulated time:
- File a First Appeal to the First Appellate Authority (FAA) within 30 days of receiving the CPIO’s decision.
- The FAA must decide the appeal within 45 days.
Step 3: Filing a Second Appeal before CIC
When remedies under the RTI Act are exhausted, the applicant can approach the Central Information Commission (CIC).
When CIC Appeal Can Be Filed
According to Rule 3 of the Gazette notification:
- If the FAA has passed a final order on the appeal.
- If 45 days have elapsed since filing the first appeal and no order has been passed.
Procedure for CIC Appeals
The CIC follows a structured process while deciding appeals:
- Evidence Collection
- Oral or written evidence on oath/affidavit.
- Inspection of documents or public records.
- Inquiry
- CIC may direct an authorized officer to gather facts.
- Hearing Parties
- CPIO, Assistant CPIO, FAA, or any officer against whom appeal is filed.
- Third parties, if their rights are affected.
- Affidavits
- CIC may receive evidence on affidavit from concerned officers or third parties.
Presence of the Appellant
- The appellant must be informed of the hearing date at least 7 clear days in advance.
- The appellant may appear:
- In person.
- Through an authorized representative.
- Via video conferencing, if available.
- If unable to attend, CIC may grant another opportunity or take appropriate action.
Representation by Public Authority
The concerned public authority may authorize any officer or representative to present its case before the Commission.
Service of Notice
CIC may serve notices through:
- Party itself.
- Hand delivery (dasti) via process server.
- Registered post with acknowledgment.
- Email (if electronic address is available).
Order of the Commission
- CIC’s order must be in writing, issued under its seal.
- Authenticated by the Registrar or authorized officer.
Format of CIC Appeal (Rule 8)
The appeal must contain:
- Name and address of the appellant.
- Name and address of the CPIO to whom the application was addressed.
- Name and address of the CPIO who replied.
- Name and address of the FAA who decided the first appeal.
- Particulars of the RTI application.
- Particulars of the order(s) against which appeal is preferred.
- Brief facts leading to the appeal.
- Prayer or relief sought.
- Grounds for relief.
- Any other relevant information.
- Verification/authentication by the appellant.
Key Takeaways for RTI Lawyers
- Always ensure timely filing of appeals (30 days for first appeal, 90 days for second appeal).
- Maintain complete documentation: RTI application, CPIO reply, FAA order, and grounds for appeal.
- Advise clients on video conferencing options to reduce travel burden.
- Draft appeals strictly in the prescribed format to avoid rejection.
- Highlight grounds for relief clearly—whether it is delay, denial, or incomplete information.
Notes
For RTI lawyers at Legal Light Consulting, mastering the CIC appeal process is essential to safeguard citizens’ right to information. By following the Gazette rules and prescribed formats, lawyers can ensure that appeals are not only admissible but also effective in securing transparency and accountability from public authorities.
FAQ on Filing RTI Applications and CIC Appeals
General RTI Process
Q1. Who can file an RTI application?
Any citizen of India can file an RTI application to seek information from a public authority under the RTI Act, 2005.
Q2. Where should the RTI application be filed?
It should be addressed to the Central Public Information Officer (CPIO) of the concerned department or public authority.
Q3. What is the time limit for the CPIO to reply?
- Normally: 30 days from receipt of the application.
- If information concerns life or liberty: 48 hours.
First Appeal
Q4. What if the CPIO does not reply or the reply is unsatisfactory?
You can file a First Appeal before the First Appellate Authority (FAA) within 30 days of receiving the CPIO’s decision or after the expiry of the 30-day period.
Q5. How long does the FAA have to decide the appeal?
The FAA must dispose of the appeal within 45 days.
🏛️ Second Appeal before CIC
Q6. When can a second appeal be filed before the CIC?
A second appeal can be filed if:
- The FAA has passed a final order.
- Or, 45 days have elapsed since filing the first appeal and no order has been passed.
Q7. What is the time limit for filing a second appeal?
The second appeal must be filed within 90 days from the date of the FAA’s order or from the expiry of the 45-day period.
CIC Appeal Procedure
Q8. What powers does the CIC have while deciding appeals? The CIC may:
- Receive oral or written evidence on oath/affidavit.
- Inspect documents or public records.
- Inquire through authorized officers.
- Hear the CPIO, FAA, or other concerned officers.
- Hear third parties if their rights are affected.
- Receive affidavits from parties involved.
Q9. How is the appellant informed about the hearing?
The appellant is informed at least 7 clear days before the hearing date.
Q10. Can the appellant attend the hearing remotely?
Yes, the appellant may attend:
- In person.
- Through an authorized representative.
- Via video conferencing, if available.
Q11. What if the appellant cannot attend the hearing?
The CIC may grant another opportunity or take appropriate action before making a final decision.
Representation & Notices
Q12. Can the public authority send a representative?
Yes, the public authority may authorize any officer or representative to present its case.
Q13. How does the CIC serve notices?
Notices may be served by:
- The party itself.
- Hand delivery (dasti) via process server.
- Registered post with acknowledgment.
- Email (if electronic address is available).
CIC Orders
Q14. How are CIC orders issued?
- CIC orders are in writing.
- Issued under the seal of the Commission.
- Authenticated by the Registrar or authorized officer.
Format of CIC Appeal
Q15. What details must be included in a CIC appeal?
The appeal must contain:
- Name and address of the appellant.
- Name and address of the CPIO to whom the application was addressed.
- Name and address of the CPIO who replied.
- Name and address of the FAA who decided the first appeal.
- Particulars of the RTI application.
- Particulars of the order(s) against which appeal is preferred.
- Brief facts leading to the appeal.
- Prayer or relief sought.
- Grounds for relief.
- Any other relevant information.
- Verification/authentication by the appellant.
Practical Tips for RTI Lawyers
- Always track timelines (30 days for RTI reply, 45 days for FAA, 90 days for CIC appeal).
- Ensure appeals are filed in the prescribed format to avoid rejection.
- Advise clients on video conferencing options for convenience.
- Clearly state grounds for relief (delay, denial, incomplete information).
-
Maintain a complete record of RTI application, replies, and orders for submission before CIC