I want to file an RTI in Udaipur to get information on a public works project but the PIO rejected it. What next?
JA Asked by Jaya Lakshmi from India
Quick Answer
If your RTI application has been rejected by the Public Information Officer (PIO) in Udaipur, you can appeal the decision as per the provisions of the Right to Information Act, 2005. Here are the steps you should follow to file an appeal:Understand the Grounds for Rejection: Review the reasons provided by the PIO for rejecting your RTI application.
Detailed Legal Analysis
If your RTI application has been rejected by the Public Information Officer (PIO) in Udaipur, you can appeal the decision as per the provisions of the Right to Information Act, 2005.
Here are the steps you should follow to file an appeal:
- Understand the Grounds for Rejection: Review the reasons provided by the PIO for rejecting your RTI application. Under Section 8 and Section 9 of the RTI Act, certain information may be exempt from disclosure.
- Prepare an Appeal: Draft your first appeal addressing the Appellate Authority. The appeal should include:
- Your name and contact details.
- The RTI application number and date of submission.
- The specific information requested.
- The date of rejection and the reasons cited by the PIO.
- Your arguments challenging the grounds of rejection.
- Submit the Appeal: The first appeal must be submitted within 30 days from the date of receiving the rejection notice as per Section 19(1) of the RTI Act. You can file it to the designated Appellate Authority in the concerned department or office.
- Await Response: The Appellate Authority is required to respond to your appeal within 30 days as per Section 19(6) of the RTI Act. They may either uphold the PIO’s decision, provide the requested information, or offer a different resolution.
- Second Appeal (if necessary): If you are dissatisfied with the outcome of the first appeal, you can file a second appeal before the State Information Commission (SIC) within 90 days of the decision of the Appellate Authority, as provided under Section 19(3) of the RTI Act.
- Prepare for the Second Appeal: In your second appeal, include:
- Details of the first appeal and its outcome.
- Any additional evidence or arguments supporting your claim for information.
- Attend the Hearing: If called for a hearing, present your case clearly and succinctly to the SIC.
Make sure to keep copies of all documents and correspondence related to your RTI application and appeals. This will help you maintain a clear record of your requests and the responses received.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.