I want to file an RTI in Indore 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), you can file an appeal against the decision under the Right to Information Act, 2005.

Here are the steps you need to follow to challenge the rejection of your RTI application:

• Review the Rejection Order: Understand the reason provided for the rejection. The PIO should provide a valid reason under the provisions of the RTI Act, such as Section 8 (exemptions from disclosure) or Section 9 (information which cannot be disclosed). Ensure the reason is justified.
• File an Appeal: You have a right to file an appeal to the First Appellate Authority (FAA) within 30 days of receiving the PIO's rejection. The appeal should be addressed to the FAA of the same department where you filed your original RTI application.
• Prepare the Appeal: Your appeal must include:
• Your name and address.
• The date of the original RTI application.
• The name of the PIO who rejected your application.
• A copy of the rejection order.
• The specific information sought in your original RTI application.
• The reason for your appeal, explaining why you believe the rejection was unwarranted.
• Submit the Appeal: You can submit the appeal in person or through registered post to the FAA. Ensure you keep a copy for your records.
• Await Response: The FAA is required to respond to your appeal within 30 days from the date of receipt of the appeal. If the FAA upholds the PIO's decision, you can further appeal to the Central or State Information Commission, depending on the nature of the information sought.
• Second Appeal to Information Commission: If dissatisfied with the FAA's decision, you can file a second appeal within 90 days to the Central or State Information Commission under Section 19(3) of the RTI Act. Include all relevant documents and details of the previous appeal.

It is essential to be aware of your rights under the RTI Act, which promotes transparency and accountability in the functioning of public authorities. Properly utilizing the appeal process can help ensure that you receive the information you seek.