What can I do If my application under RTI remains unanswered even after 50 days?
Answered on April 21,2023
If you have not received a response to your RTI application even after 50 days, you can file a first appeal with the First Appellate Authority (FAA) of the concerned Public Authority. The FAA is usually a senior officer in the same Public Authority who can review the PIO's response and order the release of information if it is found to have been wrongfully denied.
To file a first appeal, you need to write a letter to the FAA within 30 days of the expiry of the 50 day period. The letter should clearly state the reasons for the appeal and provide a copy of your RTI application and any other relevant documents. You should also mention the PIO's name, date of the RTI application, and the Public Authority's name and address.
The first appeal should be addressed to the FAA, and it should be sent by registered post or by hand. You can also file it online if the Public Authority has a portal for filing RTI applications and appeals. The FAA is required to dispose of the appeal within 30 days from the date of receipt of the appeal.
If the first appeal also does not result in the release of information or copies, you can file a second appeal with the State Information Commission (SIC) or the Central Information Commission (CIC) within 90 days of the expiry of the 30-day period of the first appeal. The SIC/CIC is a statutory body that has the power to order the release of information and impose penalties on the PIOs for wrongful denial of information.
In your second appeal, you should provide copies of your RTI application, first appeal, and any other relevant documents. You should also explain the reasons for the second appeal and the grounds for seeking the information. The SIC/CIC is required to dispose of the second appeal within 45 days from the date of receipt of the appeal.
It is important to note that you can seek the assistance of a lawyer or a legal aid clinic to draft your first and second appeals, and represent you in the proceedings before the FAA, SIC, or CIC.