I want to file an RTI in Kannur 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 Kannur, you have the right to appeal against this decision under the Right to Information Act, 2005.

Here are the steps you should follow to appeal the PIO's decision:

• Check the Reason for Rejection: The PIO must provide a valid reason for the rejection, which may include exemptions under Section 8 or Section 9 of the RTI Act. Understand the specific grounds on which your application was denied.
• File an Appeal: You can file a first appeal with the designated Appellate Authority within 30 days from the date of receiving the rejection notice. The appeal must be in writing and should include the following details:
  • Your name and contact information.
  • The date of the RTI application and the date of rejection.
  • Specific details regarding the information sought.
  • Grounds for the appeal, contesting the PIO's decision.
• Submit the Appeal: Address the appeal to the Appellate Authority of the concerned department. Ensure that you keep a copy of the appeal for your records.
• Await Response: The Appellate Authority is required to respond within 30 days of receiving your appeal. They may either uphold the PIO's decision or provide you with the requested information.
• Second Appeal: If you are dissatisfied with the decision of the Appellate Authority, you can file a second appeal with the State Information Commission within 90 days of the Appellate Authority’s decision. Include all relevant documents and a copy of the first appeal.
• Hearing and Order: The State Information Commission may hold a hearing regarding your second appeal and will issue a final order, which is binding on the PIO.

It is essential to follow these steps meticulously to ensure your appeal is considered. Additionally, keep in mind that under Section 20 of the RTI Act, the Commission can impose penalties on the PIO for not providing information without reasonable cause. This may provide further leverage in your appeal process.

For further reference, consult the Right to Information Act, 2005, specifically Sections 19 and 20 for details on the appeal process and penalties.