Introduction. The Right to Information (RTI) Act promotes transparency by enabling citizens to obtain information from public authorities. When applicants face refusal, non-response, or unsatisfactory replies, the Act provides remedies including appeals and complaints. Understanding the correct procedure and what information can (and cannot) be disclosed is essential for effective use of the Act.
Part A — How to File a Complaint / Appeal under the RTI Act
There are two main routes when an RTI request is not properly handled: appeal (administrative) and complaint (to Information Commission). Follow these steps carefully.
Step 1: Check initial application and PIO reply
- Ensure you filed the RTI with the correct Public Information Officer (PIO).
- Check whether the PIO replied within the statutory period (30 days; 48 hrs for life & liberty).
- If reply is unsatisfactory or information refused, note the reasons given and gather all records (acknowledgement, reference number, copies).
Step 2: First Appeal (internal)
- File a First Appeal to the First Appellate Authority (FAA) of the same public authority. Time-limit: within 30–60 days (check state rules) from date of response or expiry of 30 days.
- Contents: brief facts, copies of RTI application & PIO reply, relief sought, contact details.
- Fee: usually nominal or none; follow authority-specific rules.
- FAA must dispose of appeal within 30–45 days (or 48 hrs for life & liberty matters).
Step 3: Second Appeal & Complaint to Information Commission
- If unsatisfied with FAA order or no decision, file a Second Appeal to the Central Information Commission (CIC) or respective State Information Commission (SIC).
- Time-limit: within 90 days from the date of the FAA order (or expiry).
- Alternatively, file a Complaint under Section 18(1) of the RTI Act to the relevant Information Commission for matters like: non-response, unreasonable fees, refusal to accept application, failure to maintain records, or vexatious transfers.
- Attach copies: original RTI, PIO reply, FAA order, and other relevant documents.
Step 4: Prepare complaint clearly
- State facts chronologically: dates of RTI submission, acknowledgements, PIO reply, FAA filing and order (if any).
- Specify legal grounds: e.g., deemed refusal (Section 7), wrongful denial under Section 8, unreasonable fees, non-maintenance of records.
- Relief sought: direct disclosure, imposition of penalty on PIO, direction to public authority to provide information, compensation for loss, etc.
- Preferred mode of hearing: written, in-person, or video (commissions often allow video hearings).
Step 5: Filing modes & fees
- Commissions accept online and offline filings. Use official portals (CIC/SIC websites) where available.
- Include copies of previous communications and documentary proof.
- Pay the prescribed fee (if any) for filing appeals or complaints—check the specific Commission’s fee schedule.
Step 6: Follow-up and remedies
- Commissions may issue notices to PIOs, summon records, hold hearings, and pass orders.
- Orders can include directions for information disclosure, imposition of penalties (under Section 20), and disciplinary action.
- Non-compliance with Commission orders can be challenged in Court through writ petitions.
Practical tips: keep copies, use registered post/email for evidence, be specific in questions, and track timelines strictly.
Part B — Which Information Is Disclosed (and What Is Exempt)?
The RTI Act is pro-disclosure but contains exemptions to protect sovereignty, security, privacy and commercial confidence. The general approach: disclose unless an exemption applies or public interest against disclosure outweighs harm.
Information Generally Disclosed
- Administrative decisions, policies, schemes, and procedures of public authorities.
- Records of grants, subsidies, budgets, contracts and procurement, staff lists and qualifications (unless exempt).
- Statutory registers, orders, inspection reports, audit reports (subject to confidentiality rules).
- Information on public services, beneficiaries, and performance metrics.
- Agendas, minutes and decisions of public bodies (unless specifically exempted).
Exempted Information (Section 8 & 9) — Not to be Disclosed
- Threat to national security or sovereignty: strategic, defence, intelligence information.
- Breach of parliamentary privilege or contempt of court.
- Commercial confidence and trade secrets: proprietary information, technology, pricing strategies—if disclosure harms competitive position.
- Information affecting investigation & law enforcement: matters that impede investigation or endanger life/safety.
- Personal information: medical records, privacy-sensitive data—unless public interest outweighs harm.
- Cabinet papers and collective decisions: deliberative process exemptions till finalisation.
- Information received in confidence from foreign governments.
- Records specifically exempted by other statutes.
Public Interest Override
Even if an exemption applies, the authority must consider whether public interest in disclosure outweighs the harm. Commissions often apply a balancing test; matters of corruption, misuse of public office or grave public safety may favor disclosure.
Illustrative Examples
- Disclosable: Copy of a sanctioned development scheme, list of beneficiaries, amount spent.
- Not disclosable: Intelligence memo about security vulnerabilities or raw investigation notes.
- Conditional: A company’s bid details—technical specifications may be disclosed but trade secrets protected.
Conclusion
Filing an RTI complaint or appeal follows a clear escalation: PIO → FAA → SIC/CIC (or complaint to Commission). Commissions can compel disclosure, impose penalties, and direct corrective action. While RTI promotes transparency, careful application of exemptions and the public interest test ensures legitimate protection of security, privacy, and commercial confidence.
For quick reference, your uploaded questions file is available here: Open Important Questions PDF