I want to file an RTI in Thiruvananthapuram 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 Thiruvananthapuram, you have several options to appeal the decision under the Right to Information Act, 2005.

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

• Understand the Grounds for Rejection: The PIO must provide reasons for rejection under Section 8 or Section 9 of the RTI Act. Familiarize yourself with these sections to assess if the rejection is justified.
• File an Appeal: You can file a first appeal against the PIO's decision within 30 days of receiving the rejection. This appeal should be directed to the senior officer designated by the public authority.
  • Where to File: Identify the appellate authority, which is usually the officer senior in rank to the PIO.
  • Format of the Appeal: Your appeal must be in writing, stating the details of your RTI application, the reasons for seeking the information, and the grounds on which you believe the rejection was incorrect.
  • Submission: Submit the appeal to the designated appellate authority either in person or through a registered post.
• Await Response: The appellate authority is required to respond to your appeal within 30 days from the date of receipt. If they fail to respond, you may consider further action.
• Second Appeal: If the first appeal is also rejected or if you do not receive a satisfactory response, you can file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC) within 90 days of the decision made on the first appeal.
  • How to File: The second appeal should be made in writing and should include copies of all relevant documents, including the original RTI application, the rejection letter, and the first appeal.
  • Fees: There may be a nominal fee for filing the second appeal, as prescribed by the CIC or SIC.
• Legal Recourse: If you still do not get the desired information, you may consider approaching the High Court under Article 226 of the Indian Constitution for a writ petition.

It is essential to keep copies of all correspondence for your records throughout this process. Your right to information is protected under Article 19 of the Indian Constitution, which guarantees the right to freedom of speech and expression.