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

Detailed Legal Analysis

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

Here are the steps you should follow to file an appeal:

• Understand the Grounds for Rejection: Review the rejection notice carefully. The PIO must provide a valid reason for denying your request, which may include non-disclosure of information under Section 8 or Section 9 of the RTI Act.
• Draft an Appeal: Prepare a written appeal addressed to the First Appellate Authority (FAA) of the concerned department. Ensure that your appeal includes:
• Your name and contact details.
• The RTI application reference number.
• The reasons for your appeal, clearly stating why you believe the rejection was unjust.
• Any supporting documents, including a copy of the initial RTI application and the rejection letter.
• File the Appeal: Submit your appeal to the FAA within 30 days of receiving the rejection notice, as mandated under Section 19(1) of the RTI Act, 2005. The FAA is required to dispose of the appeal within 30 days of receiving it.
• Await Response: The FAA will review your appeal and may either uphold the PIO's decision or provide the requested information. You will receive a written response outlining their decision.
• Second Appeal (if necessary): If you are not satisfied with the FAA's decision, you can file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC), depending on whether the information pertains to a Central or State public authority. This must be done within 90 days of receiving the FAA's decision as per Section 19(3) of the RTI Act.
• Grounds for Second Appeal: In your second appeal, outline the reasons for your dissatisfaction with the FAA's decision, and attach copies of all relevant documents.

Additionally, it is crucial to know that under Section 7(1) of the RTI Act, information should be provided within 30 days of the application, or within 48 hours if it concerns the life or liberty of a person. If the PIO fails to comply, you may address this in your appeal.

By following these steps, you can effectively challenge the rejection of your RTI application and seek the information you are entitled to under the law.