A Rohtak public authority refused my RTI application; what is my constitutional remedy?

Detailed Legal Analysis

If a public authority in Rohtak has refused your RTI (Right to Information) application, you can seek constitutional remedies through an appeal process under the Right to Information Act, 2005, and, if necessary, through judicial review under Article 226 of the Constitution of India.

Here are the steps you can take:

• File an Appeal: Under Section 19 of the RTI Act, you can file a first appeal with the designated appellate authority of the public authority that denied your application within 30 days of receiving the rejection notice.
• Prepare Your Appeal: Your appeal should include:
  • The details of your original RTI application.
  • The reasons for the refusal as stated by the authority.
  • Your arguments as to why the information should be provided.
• Await Response: The appellate authority is required to respond within 30 days from the date of receiving your appeal.
• Second Appeal to the Central/State Information Commission: If you are not satisfied with the decision of the first appellate authority, you can file a second appeal before the Central Information Commission (CIC) or the State Information Commission (SIC) within 90 days of the decision of the first appeal as per Section 19(3) of the RTI Act.

If the above steps do not yield satisfactory results, you may consider the following constitutional remedy:

• Petition Under Article 226: You can file a writ petition in the High Court under Article 226 of the Constitution of India seeking a mandamus to compel the public authority to provide the requested information.
• Grounds for the Writ: In your writ petition, you should:
  • State the facts of the case clearly.
  • Reference the specific provisions of the RTI Act that support your claim.
  • Demonstrate the public interest in obtaining the information.
• Legal Advice: Consider consulting with a legal professional to assist you in drafting the writ petition and to represent you in court.

These steps will help you pursue your right to information and seek the necessary remedies under the law.