I want to file an RTI in Siliguri 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 Siliguri, you can file an appeal against the rejection under the Right to Information Act, 2005.

The procedure to follow after your RTI application is rejected is as follows:

• Understand the Grounds for Rejection: The PIO must provide valid reasons for the rejection of your RTI request. This could be based on exemptions as outlined in Section 8 of the RTI Act, such as national security, personal privacy, or information that would impede the process of investigation.
• Prepare an Appeal: If you believe that the rejection is unjustified, you can file an appeal. The first appeal should be addressed to the designated appellate authority within the same public authority. According to Section 19(1) of the RTI Act, the appeal must be made within 30 days from the date of the receipt of the PIO's rejection order.
• Format of the Appeal: Your appeal should include the following:
  • Your name and contact information.
  • Details of the RTI application (date of application, subject matter, and the rejection order).
  • Grounds for your appeal, clearly articulating why you believe the rejection was not justified.
  • Any supporting documents (if available) that strengthen your case.
• Submit the Appeal: Send your appeal to the designated appellate authority via registered post or in person. Retain 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) of the RTI Act. If you do not receive a response, or if you are dissatisfied with the response, you may escalate the matter further.
• Further Appeals: If the first appeal is also rejected, or if you feel that the decision is not satisfactory, you can approach the State Information Commission under Section 19(3) of the RTI Act. The appeal to the Commission must be filed within 90 days from the date of the decision of the appellate authority.

It is crucial to document all interactions and maintain copies of all correspondence regarding your RTI application and subsequent appeals. This documentation will be essential if you need to pursue further legal remedies.