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

Detailed Legal Analysis

If your Right to Information (RTI) application has been rejected by the Public Information Officer (PIO) in Kozhikode, you have several options to seek a remedy under the Right to Information Act, 2005.

Here are the steps you can take following the rejection of your RTI application:

• Review the Rejection Notice: Check the reasons provided for the rejection, as they should be stated in the notice. Common reasons may include exemption clauses under Section 8 of the RTI Act.
• File an Appeal: You have the right to appeal against the PIO's decision. According to Section 19 of the RTI Act, you can file a first appeal with the Appellate Authority of the public authority that the PIO belongs to.
• Time Frame: The appeal must be filed within 30 days from the date of receiving the rejection notice.
• Format of the Appeal: Your appeal should be in writing and should include:
• Your contact details.
• The date of your original RTI application.
• The date of the rejection notice.
• The specific information sought.
• The reasons for the appeal (why you believe the rejection is unjust).
• Submission of Appeal: You can submit the appeal through post or in person to the Appellate Authority. Ensure you keep a copy of the appeal for your records.
• Await Response: The Appellate Authority is required to respond to your appeal within 30 days as per Section 19(6). If they fail to do so, the appeal is considered to be deemed accepted.
• Second Appeal: If you are not satisfied with the decision of the Appellate Authority, you have the option to file a second appeal before the Central Information Commission (CIC) or the State Information Commission (SIC), depending on the authority involved.
• Time Limit for Second Appeal: You must file the second appeal within 90 days from the date of the decision of the Appellate Authority.
• Legal Assistance: It may be beneficial to seek legal counsel if the matter becomes complex or if you believe your rights are being violated.

It's essential to be persistent and ensure that your right to seek information is upheld as mandated by the RTI Act, 2005, which promotes transparency and accountability in governance.