RTI Application
WHAT IS AN RTI APPLICATION?
RTI Stands for Right to Information. It is Fundamental Right of citizens to seek information from government offices, departments, ministers, and all the organizations run by the government of India, or any other organization substantially aided by the government of India or any other state government.
An RTI application is a request for information made to the government under the Right to Information (RTI) act of 2005. The RTI Act aims to promote transparency and accountability in government and to ensure that citizens have access to information.
Relevant Provisions For Filing an Application Under The RTI Act, 2005:
1. Designated Officer:-Section 2(c) and Section 2(m)
All RTI applications must be addressed to an officer designated by the respective public authority. This can either be the Central Public Information Officer [S. 2(c)] or the State Public Information Officer [S. 2(m)]. Section 2(m) refers to the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under S. 5 (2).
2. Procedure:- Section 6
Medium: A request for information can be made in writing or electronically in English, Hindi, or the local language. The request must include any prescribed fee. [S. 6(1)]
No need to provide a reason: The applicant does not need to provide a reason for the request or any other personal details, except for what's needed to contact them. [S. 6(2)]
Transferring applications: If the request is for information held by another public authority, or if the subject matter is related to another public authority, the application must be transferred to that authority. The transfer must be made as soon as possible, but no later than five days after receiving the application. [S. 6(3)]
Assistance with requests: As per Section 6 (1)(b), If a request cannot be made in writing, the public information officer must provide reasonable assistance to help the applicant put the request in writing.
3. Time Period for Supply of Information:- Section 7
In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of 30 days. (Sec 7(1) of RTI Act,2005).
4. Exemption From Disclosure:- Section 8
Public Authorities are exempted from the obligation to disclose certain kinds of information. Section 8 (1) of the RTI Act, 2005 lists at least different instances of such information. This includes information that could harm national security and sovereignty, competitive interests of third parties, cause breach of privilege of parliament/ state legislature, etc. Personal information that has no public interest and information related to the investigation of offenses are also exempted.
Girish Mittal Vs Ministry of Railways
5. Power to make rules by appropriate Government:- Section 27
The Right to Information Act, 2005 gives the appropriate government the power to make rules to carry out the provisions of the act. The appropriate government can make rules pertaining to the following by notification in the Official Gazette: 1. the term of office for the Chief Information Commissioner and Information Commissioners. 2. The salaries and allowances for the Chief Information Commissioner and Information Commissioners 3. The fees payable under the Act.
Who can file an RTI application ?Any Indian citizen can file an RTI Application to seek information from government departments, ministers,and other organizations.
What is the medium to file an RTI Application ?
An RTI Application can be filed online, by post, or through the RTI Portal gateway. Proof of the applicant's citizenship isn't usually required with the application, however, the Public Information Officer (PIO) may ask for proof. It can be addressed in English, Hindi, or the local language. The prescribed fees must be attached along with the document.
Format of filing an RTI Application:
Fees for RTI Application:
As per Section 28 (2), the competent authority may frame rules pertaining to the price of filing an application. Rs.10 with application and compensation for BPL ( Below poverty line) card holders they have no need to pay the payment.
Right To Information (Regulation of Fee and Cost) Rules, 2005
Complaint to Central Information Commission/ State Information Commission:
Section 18(1) of the RTI Act outlines the following grounds on which a complaint can be filed with the Central or State Information Commission:
1. Inability to Submit a Request: A complaint can be made if a person cannot submit an RTI request due to the absence of a designated officer or if an assistant officer refuses to accept the application.
2. Refusal of Access: Individuals can complain if they are denied access to the information they requested.
3. Lack of Timely Response: If there is no response to a request for information within the specified time frame, a complaint may be filed.
4. Unreasonable Fees: Complaints can be made regarding fees that are considered unreasonable.
5. Incomplete or Misleading Information: If a person believes they have received incomplete, misleading, or false information, they can file a complaint.
6. Other Related Matters: Complaints can also relate to any other issues regarding the request or access to records.
Inquiry Process
If the Commission finds reasonable grounds, it can initiate an inquiry, exercising civil court powers, such as summoning witnesses and requiring document production to carry out an inquiry. The Commission can examine any relevant records under the control of public authorities, and these records cannot be withheld during the inquiry. This section aims to ensure transparency and accountability in the process of accessing information under the RTI Act.
Complaint | Central Information Commission
Penalty to the (P.I.O) when delay or refuse for giving reply to the citizen:
After a specific time limit, Every PIO will be liable for a fine of Rs. 250 per day, up to a maximum of Rs. 25,000/- for failure or delaying information without reasonable cause.
ANONYMOUS APPLICATION:
In 2013, the Calcutta High Court ruled[1] that individuals can submit Right to Information (RTI) petitions using only a post box number, without needing to provide their name and address. This landmark decision, issued by Acting Chief Justice Ashim Kumar Banerjee and Justice Debangsu Basak, is intended to enhance the protection of whistle-blowers and RTI activists in West Bengal and the Andaman and Nicobar Islands.
The ruling addresses significant safety concerns for RTI activists, who have faced harassment and violence for seeking information. Over the past six years, approximately 150 activists have been targeted, with 24 killed, 52 assaulted, and 74 harassed. Goenka, who filed the Public Interest Litigation (PIL), argued that the ability to remain anonymous through a post box number could help safeguard activists from retaliation, enabling them to expose corruption without fear.
While this ruling currently applies only in West Bengal, it may influence other states, although it isn't binding outside the jurisdiction. The decision reflects a growing recognition of the risks faced by RTI activists and the need for stronger protections, a sentiment echoed by Parliament in previous discussions about safeguarding such individuals.
Guidelines for RTI Applicants:
Common guidelines for applicants :
Eligibility :Applicants should ensure they meet all eligibility criteria and that the information they provide is correct.
Application form: Applicants should read the advertisement carefully and follow all instructions. They should also re-check their application and upload documents before submitting.
Documents: Applicants may need to provide certificates, such as a consent certificate from a parent or legal guardian.
Photographs: Applicants may need to upload a passport-sized photograph with a white background. The photograph should clearly show the applicant's face and cover about 75% of the image.
Signatures: Applicants may need to upload a scanned signature on a white paper. The signature should be clear and within a box that is 6 x 3 cm in size.
Language: Applicants may be able to write in Hindi, English, or another language they can read and write in.
Past service: Applicants may need to provide details of any past service they have.
Present occupation: Applicants may need to provide details of their current occupation.
Experience: Applicants may need to provide details of any relevant experience they have.
Consent: Applicants may need to provide a consent certificate from a parent or legal guardian if they are under 18 years of age.
APPEALS
Any person who does not receive a decision within the time specified in Section 7(1) , or is aggrieved by a decision of the Central PIO or the State PIO can file an appeal to an officer of greater seniority to the aforementioned officers in the respective public authority. It must be filed within 30 days of expiry of such a period.
Types of Appeals:
- First Appeal
- Second Appeal
1. FIRST APPEAL:
First Appeal is the statutory remedy available to the RTI Applicant, when there is no response from the Public Information Officer within the stipulated time limit or the decision of PIO is not satisfactory or the PIO offered / supplied incorrect / misleading information or demanded exorbitant further fee, etc. The First Appeal is required to be filed under Section-19(1) of the RTI Act.
When to file First appeal:
If the applicant doesn't receive a response from the PIO within the specified time limit, or if the PIO's decision is not satisfactory.
Fees required :
No fee is required for a first appeal.
Where to file First appeal :
Submit the first appeal form online at https://rtionline.gov.in/
How to Check Status of the Appeal :
Applicants can check the status of their first appeal online by clicking on View Status
What is the time limit for RTI first appeal?
Such an appeal, should be filed within a period of 30 days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the Public Information Officer is received.
As defined in Case Laws
Anonymous RTI applications using post box number valid, says Calcutta High Court
Format/Form of First appeal:
Here are some case laws related to first appeals:
B.V. Nagesh and Anr. Vs. H.V. Sreenivasa Murthy: (2010) 13 SCC 530 case law pdf
H. Siddiqui (Dead) by LRs. Vs. A. Ramalingam: (2011) 4 SCC 240 • case law pdf
State Bank of India and Anr. Vs. Emmons International Limited and Anr. (2011) 12 SCC 174 case law pdf
The first appeal is a valuable right that allows parties to be heard on questions of law and fact. The first appellate court must address all issues and decide the case by giving reasons.
SECOND APPEAL:
How to file a second Appeal under RTI
Anybody who is unhappy or dissatisfied with the decision of the First Appellate Authority can file a Second Appeal to the Information Commission at the Centre or respective States. You need to send your appeal to the relevant Information Commission in writing.
For issues related to Central Government public authorities, you need to send your appeal to the Central Information Commission. For matters related to State Government public authorities, send your appeal to the concerned State Information Commission.
Time Period:
Second appeal under the Right to Information (RTI) Act can be filed with the Central Information Commission (CIC) or the State Information Commission within 90 days of receiving the First Appellate Authority's decision. If the First Appellate Authority doesn't respond within 45 days of the First Appeal being filed, the second appeal can be filed within 90 days of the 45-day period ending.
Condonation of Delay:
If a Second Appeal is filed after 90 days from the date on which first Appellate Authority’s decision was received by the appellant, the Commission may admit the Second Appeal if satisfied that the appellant was prevented by sufficient cause from filing the Second Appeal.
Guidelines to fill Second Appeal :
A second appeal against the decision of the First Appellate Authority may be filed before this Commission within 90 (ninety) days from the date o. n which the decision should have been made by the FAA or was actually received.
Following documents are to be submitted along with a second appeal :
- A copy of the application submitted to the Central Public Information Officer.
- A copy of the reply received, if any, from the Central Public Information Officer.
- A copy of the appeal made to the First Appellate Authority.
- A copy of the Order received, if any, from the First Appellate Authority.
- copies of other documents relied upon by the appellant and referred to in his appeal; An index of the documents referred to in the appeal.
Format/Form of second appeal :
Here are some important case laws related to second appeals:
Kiran Singh And Others vs Chaman Paswan And Others on 14 April, 1954 Kiran Singh vs Chaman Paswan on 14 April 1954
Hero Vinoth (Minor) vs Seshammal on 8 May, 2006 Hero Vinoth vs Seshammal on 8 may 2006
OPTIONS AFTER SECOND APPEAL:
Mandamus Writ
A writ of mandamus can be filed in the Supreme Court or the respective High Court under Article 32 and Article 226 of Indian constitution, where the Central PIO commands PIO to replying to the RTI or be liable for penalty. The writ of mandamus is essentially a command issued by the court to a public official asking him/her to perform his/her official duties that he/she has failed or refused to perform.
Penalty for delay or refusal to provide reply to the applicant:
As per Section 20 of the RTI Act, every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/- for failing to reply to the request in due time. However, this amount cannot exceed Rs. 25,000. The PIO must also be given a reasonable opportunity of being heard before any penalty is imposed on him.
Penalty maybe imposed on the PIO in the following instances:
- Not accepting an application.
- Delaying information release without reasonable cause;
- Mala fide denying of information;
- Knowingly giving incomplete, incorrect, misleading information;
- Destroying information that has been requested
- Obstructing furnishing of information in any manner of appeal.
ONLINE DATABASE:
RTI application form, available atSAMPLE RTI APPLICATION FORM
RTI form available at: RTI FORM NO.1
RTI form for Delhi Development Authority available at:FORM A FOR DELHI RTI SAMPLE
Citizen login for online RTI available at:RTI LOGIN , CITIZEN LOGIN
Right to Information Act, 2005, available at: RTI ACT Pdf
User manual for easy understanding of RTI online, available at:User manual of RTI Applicant
Portal for the State wise access of their RTI sites, available Link of state information comission
