I want to file an RTI in Bhubaneswar to get information on a public works project but the PIO rejected it. What next?

Detailed Legal Analysis

If your application under the Right to Information (RTI) Act has been rejected by the Public Information Officer (PIO) in Bhubaneswar, you can appeal the decision to seek the information you desire.

According to the Right to Information Act, 2005, if an application is rejected, the applicant has the right to file an appeal. Here are the steps you should follow:

• Review the Rejection: Carefully read the rejection letter to understand the grounds on which your RTI request was denied. The PIO must provide reasons as per Section 7 of the RTI Act.
• Prepare an Appeal: Draft an appeal under Section 19(1) of the RTI Act. Ensure to include the following details:
  • Your name and address.
  • Details of the RTI application (date of application, PIO’s name, and the information sought).
  • The specific grounds on which you are contesting the rejection.
  • Any additional information that may support your appeal.
• File the Appeal: Submit the appeal to the First Appellate Authority (FAA) designated by the public authority. This is typically a senior officer in the same department as the PIO. The appeal must be filed within 30 days of receiving the rejection order.
• Await Response: The FAA is required to respond to your appeal within 30 days from the date of receipt of the appeal as per Section 19(6) of the RTI Act.
• Second Appeal (if necessary): If the FAA also rejects your appeal or fails to respond within the stipulated time, you have the option to file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC), depending on the authority involved, under Section 19(3) of the RTI Act.
• Provide Evidence: When filing a second appeal, ensure to provide copies of all relevant documents, including the original RTI application, the rejection letter, and the first appeal.
• Follow Up: Keep track of your appeal status and ensure timely follow-ups if required.

It is important to note that under the RTI Act, information cannot be denied on vague or frivolous grounds. If you believe that your right to information is being unjustly obstructed, you may also consider approaching civil society organizations for support or legal advice.