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

Detailed Legal Analysis

If your RTI application regarding a public works project in Varanasi has been rejected by the Public Information Officer (PIO), you have the right to appeal against this decision under the Right to Information Act, 2005.

Here are the steps you can take next:

• Understand the Grounds of Rejection: Review the rejection letter carefully to understand the reasons cited by the PIO. Common grounds for rejection include non-availability of information, the request being vague, or the information falling under certain exemptions as per Section 8 of the RTI Act.
• File an Appeal: You can file an appeal against the PIO's decision within 30 days from the date of receipt of the rejection letter. The appeal should be made to the First Appellate Authority (FAA) as designated by the concerned public authority.
• Prepare Your Appeal: Your appeal should include:
• Details of your original RTI application.
• The PIO's response and the date it was received.
• Your reasons for believing the information should be provided.
• Any supporting documents that can strengthen your case.
• Submit the Appeal: Address your appeal to the First Appellate Authority. Ensure it is submitted through registered post or in person, retaining proof of submission.
• Await Response: The FAA is required to respond to your appeal within 30 days of receipt. If the FAA upholds the PIO’s decision, you may further escalate the matter.
• Second Appeal to the Central or State Information Commission: If you are unsatisfied with the FAA's decision, you can file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC) within 90 days. This is governed by Section 19(3) of the RTI Act, 2005.
• Preparation for Second Appeal: In your second appeal, include:
• A copy of the original RTI application.
• A copy of the rejection from the PIO.
• A copy of the FAA’s decision.
• Your arguments supporting why the information should be disclosed.
• Attend the Hearing: Be prepared to attend a hearing if the Commission calls you for clarification or further discussion regarding your appeal.

Remember, under the RTI Act, 2005, transparency in governance is promoted, and citizens have a right to access information, thereby holding public authorities accountable.