Right to Information Act

If you dont get response from the PIO  see section 19 of the RTI 2005, for first appeal to appellate authoity.No fees is prescribed for first appeal. You have to file appeal to the appellate authority with all the photocopies filed before PIO with self attestation with the word attested with your full signature. The first appellate authority has to decide within 30 days from the date of your first appeal.

Remember failing to give information by PIO will invite a penalty of Rs.250/- per day of delay with maximum of Rs.25,000/-

If you do not get reply within 30 days+ 10 days of postal time, U can file first appeal with the FIRST APPELLATE AUTHORITY of  the concerned dept within 60 days from date of receipt of RTI appln by PIO. U can refer my 15 files on RTI and first appeal etc on this site. Pl do not lodge complaint under sec 18 at this stage as it will be delayed for few months or a year, as there is huge pendency at Central and State Info Commissions all over country. If first appeal fails, U can file complaint u/s 18 or second and final appeal u/s 19 with concerned Information Commission, it being the last resort for info seeker, Then there are high and supreme courts.

What assummi n JP is saying is perfectly allright. Many practitioners are taking this way.

I beg to differ.

You can file appeal against an order, when there is no order how can u file an appeal.

Section 18 defines power and functions of the Commission. As per Section 18(1)(c) of the the Comission is empowered to investigate complaints of not supply of information within stipulated time and further punish under Section 20 od the Act. These poweres are not there with the appellate authority.

Hence in my view a complaint should be filed directly to the commission.

With due respect to the view of  Mr.Rajesh, let me hasten to add that appeal is available not only from the order of PIO but lack of response by PIO within the prescribed time of 30 days as per section 7(1). Yes concurrent forum is provided one under section 18 by way of complaint to the commission and one under 19 to the appellate authority and the option is yours.See section 20 of the RTI 2005.

I stand corrected. Thanks Assumi.

can you please provide me a formate of appeal both to the appellate authority and CIC?

I would be grateful if you can advice me on the role of State Information Commission.

Thanks and regards,

Sapna Makhija