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

Detailed Legal Analysis

If your RTI application has been rejected by the Public Information Officer (PIO) in Cuttack, you have the right to appeal against the decision under the Right to Information Act, 2005.

Here are the steps you should follow:

• Understand the Grounds for Rejection: Before proceeding, carefully read the rejection letter to understand the specific reasons cited by the PIO for denying your request. Common grounds may include non-existence of information, information being exempt under Section 8 of the RTI Act, or procedural errors.
• Prepare an Appeal: According to Section 19 of the RTI Act, you can file a first appeal against the PIO’s decision. Ensure that your appeal includes:
  • Your name and address.
  • The date of the RTI application and the date of the PIO's response.
  • A clear statement of the information sought.
  • Grounds for seeking the information and reasons why you believe the rejection was incorrect.
• File the Appeal: Submit your first appeal to the designated appellate authority. This is typically the officer senior to the PIO in the same department. The appeal must be filed within 30 days from the date of the rejection of your RTI request as per Section 19(1) of the RTI Act.
• Await Response: The appellate authority is required to dispose of the appeal within 30 days from the date of receipt of the appeal, as per Section 19(6) of the RTI Act. If the appeal is upheld, the PIO will be directed to provide the information.
• Second Appeal (if necessary): If the first appeal is rejected or you are not satisfied with the decision, you can file a second appeal with the Central Information Commission or the State Information Commission, depending on whether the information pertains to a Central or State Public Authority. This must be done within 90 days of the decision on the first appeal as per Section 19(3) of the RTI Act.
• Seek Legal Advice: If you face challenges in the appeal process, consider seeking assistance from legal professionals or RTI activists who can provide guidance on your rights and help with the drafting of appeals.

By following these steps, you can navigate the appeals process effectively and work towards obtaining the information regarding the public works project that you seek.