RTI Lawyer Guide offers step-by-step education on filing RTI applications and CIC appeals

Legal Light Consulting’s RTI Lawyer Guide offers step-by-step education on filing RTI applications and CIC appeals under India’s RTI Act, 2005. This article draws from official formats and procedures to empower citizens. Understanding these processes ensures transparency in public authorities.​

RTI Application Basics

File RTI applications to seek information from public authorities under Section 6 of the RTI Act. Applications must be in writing or electronic form, specifying details clearly and including a fee of Rs. 10 via postal order, demand draft, or court fee stamp. No prescribed format exists, but include applicant name, address, information description, and willingness for inspection if voluminous.​

Step-by-Step RTI Filing

Submit to the Public Information Officer (PIO) of the concerned public authority.

• Address the application to the PIO with full details.

• Pay the fee; BPL applicants are exempt with proof.

• PIO responds within 30 days, or 48 hours for life/liberty matters.​

First Appeal Process

If unsatisfied with PIO response or no reply within 30 days, file first appeal to the First Appellate Authority (FAA) within 30 days. FAA decides within 30-45 days. This internal remedy precedes CIC appeal.​

When to File CIC Appeal

Approach Central Information Commission (CIC) for second appeal under Section 19(3) if FAA order is unsatisfactory or no FAA decision within 45 days. No time limit for CIC appeals, but deemed remedies availed if FAA appeal filed and 45 days elapsed without order.​

CIC Appeal Format

Use the official Appendix format under CIC Rules. Key fields include:

• Name and address of appellant.

• PIO and FAA details.

• Application particulars, order details, brief facts.

• Prayer/relief sought, grounds, verification.​

CIC notifies hearing date 7 days prior; attend personally, via representative, or video conference. CIC may receive evidence, inspect records, hear PIO/FAA/third parties, or inquire further. Public authority presents via authorized officer; orders issued in writing under seal.​

Submission Tips

File CIC appeals online via cic.gov.in or by post to CIC, Baba Gangnath Marg, Munirka, New Delhi. No fee required; attach copies of RTI application, PIO/FAA replies. Legal Light Consulting assists with drafting for complex cases

Frequently Asked Questions (FAQs) – RTI & CIC Appeals

Based on the Right to Information (Central Information Commission) Guidelines

1. What is the time limit for filing a first appeal under the RTI Act?

You must file a first appeal before the First Appellate Authority (FAA) within 30 days from the date of receipt of the CPIO’s reply, or if no reply is received, after 30 days from the date of your RTI application.

2. When can I file a second appeal before the Central Information Commission (CIC)?

You can file a second appeal before the CIC if:

• You are not satisfied with the FAA’s order, or

• The FAA has not passed any order within 45 days from the date of your first appeal.

3. How will I be informed about the CIC hearing date?

The CIC will inform you of the hearing date at least 7 clear days before the scheduled hearing.

4. Can I attend the CIC hearing through video conference?

Yes, if video conferencing facilities are available, you may attend the hearing in person, through an authorized representative, or via video conferencing.

5. What if I am unable to attend the CIC hearing on the given date?

If the Commission is satisfied that you are unable to attend due to genuine reasons, it may:

• Give you another opportunity to be heard before a final decision, or

• Take any other appropriate action it deems fit.

6. Who can represent a public authority before the CIC?

The public authority may authorize any representative or any of its officers to present its case before the Commission.

7. How does the CIC serve notices?

The CIC may serve notices through any of the following modes:

• By the party itself

• By hand delivery (dasti) through a Process Server

• By registered post with acknowledgment due

• By email, if an electronic address is available

8. What must be included in the CIC appeal format?

As per Rule 8, the appeal must include:

1. Name and address of the appellant

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

3. Name and address of the CPIO who replied

4. Name and address of the FAA

5. Particulars of the original RTI application

6. Particulars of the order(s) appealed against

7. Brief facts of the case

8. Prayer or relief sought

9. Grounds for relief

10. Any other relevant information

11. Verification by the appellant

9. In what form will the CIC issue its order?

The CIC’s order will be in writing and issued under the seal of the Commission, duly authenticated by the Registrar or any other authorized officer.

10. Can the CIC examine witnesses or call for documents?

Yes, while deciding an appeal, the Commission may:

• Receive oral or written evidence on oath or affidavit

• Inspect documents or public records

• Conduct inquiries through authorized officers

• Hear the CPIO, FAA, third parties, or other concerned persons

11. Is there a fee for filing an appeal to the CIC?

The guidelines in the provided extract do not specify a fee, but usually, no fee is required for filing a second appeal to the CIC. However, always check the latest rules or the CIC website for updates.

12. What is meant by “exhaustion of remedies” in RTI appeals?

A person is deemed to have exhausted all remedies if:

• The FAA has passed a final order on the first appeal, or

• 45 days have passed from the date of the first appeal and no final order has been made by the FAA.

This FAQ is based on the procedural rules published in the Gazette of India and is intended for educational purposes. For specific cases, consult the latest regulations or seek legal advice.