RTI second appeal (Information Commission)

What this is

Under the Right to Information Act, 2005 (RTI Act), you asked a government office for information, the Public Information Officer (PIO) — the officer named to answer such requests — refused or did not reply, and you filed a first appeal to the officer senior to the PIO. That appeal failed, or was never decided.

The next step is a second appeal to an Information Commission: an independent body set up under the Act, made up of a Chief Information Commissioner and Information Commissioners.

• The Central Information Commission hears appeals about central government offices and bodies (Section 12).
• Each state's State Information Commission hears appeals about that state's offices and bodies (Section 15).

The Commission decides whether the information should be given. Its decision is binding on the office (Section 19(7)).

When it applies

You can file a second appeal if:

• the first appellate authority did not decide your appeal within 30 days, or 45 days at most with reasons recorded (Section 19(6)); or
• it decided, but the decision does not get you the information you asked for.

The time limit. The second appeal must be filed within 90 days from the date the first appeal's decision should have been made, or from the date it was actually received (Section 19(3)). The Commission can admit a late appeal if it is satisfied you were prevented by sufficient cause — a good reason — from filing in time. Treat 90 days as the real limit.

Who has to prove what. In the appeal, the onus, meaning the burden of proof, is on the PIO: it is for the PIO to show that refusing you was justified (Section 19(5)). You do not have to show why you want the information.

If a third party is involved. If the information concerns someone else, the Commission must give that person a reasonable opportunity to be heard (Section 19(4)).

The steps and the timeline

Day 0 — the first appeal's decision, or the day it was due. Note the date. The 90 days count from here.

Within 90 days — the second appeal. It is a written appeal to the Commission. It usually sets out:

• your name and address, and the office, the PIO and the first appellate authority;
• your RTI application, the PIO's reply or the fact that none came, the first appeal and its decision or the fact that none came;
• the grounds: question by question, why the refusal or the decision is wrong — no reason given, an exemption under Sections 8 or 9 that does not fit, records said to be "not available" without explanation, incomplete copies;
• the relief: what you want the Commission to order — the information, free of charge if the PIO was late (Section 7(6)), compensation for your loss, and action against the PIO.

The Commission's rules set the exact contents and the documents to attach, and the procedure differs between the Central Commission and the states (Section 19(10)). Central government appeals can be filed online with the Central Information Commission; state Commissions have their own arrangements. An Assistant Public Information Officer must also accept an appeal and forward it to the Commission (Section 5(2)).

The hearing. The Commission gives notice of the appeal to the office. It may decide on the papers or call both sides to a hearing, where the PIO has to justify the refusal. If you have also made a complaint under Section 18, the Commission inquires into it with the powers of a civil court to summon people and require documents to be produced, and no record covered by the Act can be withheld from it (Section 18).

The decision. In its decision the Commission can (Section 19(8)):

• order the office to give you the information, in a particular form if you asked for it;
• order the office to appoint a PIO, publish information, or improve how it keeps records;
• order the public authority to compensate you for any loss or other detriment you suffered;
• impose a penalty on the PIO; or
• reject the appeal.

The penalty. If the Commission finds the PIO, without reasonable cause, refused to receive the application, did not give the information in time, refused it in bad faith, gave incorrect or misleading information, destroyed it, or obstructed it, it must impose a penalty of two hundred and fifty rupees for each day, up to twenty-five thousand rupees in all. The PIO must be heard first, and has to prove they acted reasonably. For persistent failure, the Commission must recommend disciplinary action (Section 20).

After the decision. The Commission gives notice of its decision to you and to the office (Section 19(9)). The RTI Act allows no other challenge to orders made under it except by its own appeals (Section 23); whether a decision can be taken further, to the High Court, is a question for an advocate.

Documents needed

• Your RTI application and proof of the date the office received it.
• The PIO's reply, or proof that none came in time.
• Any transfer letters or fee demands.
• Your first appeal and proof of the date it was received.
• The first appellate authority's decision, or proof that none came.
• The fee receipt, or a copy of your BPL card if you claimed exemption.
• Any other papers that show why you asked: your own file numbers, earlier letters.

What it costs

• Fees at the Commission. The Commission's rules govern them, and they differ between the Central Commission and the states. Your advocate will tell you what applies.
• The advocate's fee. It varies with the Commission and the case. The advocate quotes their own fee for your matter before you pay anything.

What the advocate does

• Reads your application, the reply, the first appeal and its decision, and checks that the second appeal is in time.
• Identifies the right Commission and its procedure.
• Frames the grounds question by question, including why any exemption claimed does not apply.
• Drafts and files the appeal with the right documents.
• Represents you at the hearing and answers the PIO's justification.
• Asks for compensation and penalty where the facts support them, and follows up on compliance with the decision.

An independent advocate from our panel can take it on. They review your papers and quote their fee before you pay. eMunshi is a technology platform, not a law firm; the advocate you choose represents you.

Is there a document to send first?

Yes: the first appeal. A second appeal lies only against the first appeal's decision. If you have not filed one yet, do that first, within 30 days of the reply or the day it was due. eMunshi's RTI first appeal drafts it for you for ₹299, and RTI first appeal: format and grounds shows a sample. If you want to talk it through first, a 30-minute call with an independent advocate starts at ₹999.

Mistakes that cost people their appeal

• Missing the 90 days while waiting for a first appeal decision that never comes. Count from the date it was due.
• Skipping the first appeal.
• Appealing to the wrong Commission: the central one for a state office, or the other way round.
• Leaving out the papers: the application, the reply and the first appeal are the record the Commission decides on.
• Adding new questions. The appeal is about the information you asked for in the application.
• Not attending a hearing that the Commission has fixed.