Online RTI, Appeals, and Complaints: A Comprehensive Guide
TOP STORIESLAW AND RIGHTS
Learn how to file an RTI application online in India, including detailed steps for submitting first and second appeals and filing complaints. This guide provides easy-to-follow instructions on accessing government information and navigating the RTI process. Get all the essential formats, tips, and resources to make your RTI journey smooth and effective.
Online RTI: Your Guide to Filing an RTI Application
When it comes to child custody post-divorce, fathers often feel sidelined, with the general assumption that the mother is the natural and preferred guardian of the child. While it is true that mothers typically gain custody of children under five years of age, the question arises: Is Indian judiciary biased towards the father in child custody issues?
What is the Right to Information Act?
The Right to Information (RTI) Act is a landmark piece of legislation passed by the Indian Parliament in 2005. It provides citizens the right to request information from public authorities (government bodies or instrumentalities of the state). The Act replaces the Freedom of Information Act, 2002, and empowers citizens to seek official documents and data from government departments. The public authorities are required to provide information within 30 days, and in cases involving life or liberty, within 48 hours.
RTI plays a crucial role in transparency and accountability in governance. As a fundamental right under Article 19 of the Indian Constitution, it strengthens the citizens' right to freedom of speech and expression. However, information regarding national security, private companies (unless they receive substantial government funds), and certain personal data are exempt from RTI.
If you wish to learn more about the detailed RTI Act, you can check out these external resources for an in-depth understanding:
How to File an RTI Application
Filing an RTI application is a simple process, but it is important to keep a few things in mind:
Direct Your Request to the Correct Authority: Address your RTI application to the Public Information Officer (PIO) of the concerned department. Each public authority has designated officers responsible for providing information under the RTI Act. You need to find the PIO of the department you want information from and submit your application to them.
Be Clear and Precise in Your Request: When drafting your RTI, avoid asking for general opinions or subjective information. RTI requests should be fact-based and objective. For example, instead of asking "What is the opinion of the police on crime rates?", you should ask for specific documents, reports, or actions taken by the police on a particular matter.
RTI Application Stages
File RTI to PIO
File First Appeal to FAA (Superior in Rank of PIO)
File Second Appeal to State/Central Information Commission (Outcome of SIC/CIC is legally binding)
File RTI Complaint to SIC/CIC (You can bypass point 2 to 3 or follow point 1 to 3 and then proceed as per point number 4)
Types of RTI Appeals
If your RTI application is not responded to within the specified time i.e 30 days or if you are unsatisfied with the response, you have the option to file an RTI Appeal.
1. First Appeal
If you don’t receive a response from the PIO within 30 days, or if the information is incomplete or misleading, you can file a First Appeal to the superior officer of the PIO. This officer is known as the First Appellate Authority (FAA). You have 30 days from the date of expiry of the RTI response or the date of receiving an unsatisfactory response to file the appeal.
For your First Appeal, you need to address it to:
The First Appellate Authority (FAA)
[Department Name]
[Department Address]
Sometimes authority, for some unknown or specific reasons, delay response or do not respond in 30 days from the receipt of your RTI application, in that situation, you are required to file a First appeal to the superior of the officer to which you have filed your Right to Information Application. Requesters who are aggrieved by a decision of a PIO can make an APPEAL to a departmental Appellate Authority, who will be an officer senior in rank to the PIO but in the same public authority.
When you first file an RTI, you need to address it to “PIO” i.e Public Information officer” followed by the department name and address. Then for the first appeal, you need to Write ” FAA’s” i.e. The First Appellate Authority, followed by the address of the authority. The time limit for filing an Appeal is 30 days from the expiry of the date on which information was to be received by the Applicant or from the date of receipt of such decision. First Appeal is the statutory remedy available to the RTI Applicant when there is no response from the Public Information Officer within a 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.
2. Second Appeal
If the First Appeal does not yield satisfactory results, or if the FAA has failed to respond within 45 days, you can file a Second Appeal before the State Information Commission (or Central Information Commission for central government departments). The Second Appeal can be filed within 90 days from the decision of the FAA.
(This is PDF Format with instructions, you may need to make necessary changes) (Convert PDF to WORD here.)
The Second RTI Appeal (state Level) can be filed within the time limit prescribed under Section 19(3) of the RTI Act i.e. 90 days from FAA’s decision. The complaint needs to be filed within a reasonable period of time. The second appeal can be filed before the State Information Commission, at the state level. You can file your state’s information commission address, links here. Yes, a first appeal before the First Appellate Authority should be filed before moving the second appeal before this Commission.
If a second appeal is filed without filing the first appeal, the same is liable to be returned. An applicant can approach the State Commission in the second appeal under section 19 (3) of the RTI Act against the decision of the First Appellate Authority or when no decision is passed by the FAA within the specified time (maximum period of 45 days). You can also appeal when information received is not up to your satisfaction. Therefore, The First Appellate Authority, after hearing from you and the PIO, has to make a decision on whether the PIO made the correct decision. If the order of the First Appellate Authority also does not satisfy you, you can make a second appeal to the State Information Commission.
Alternatively, a COMPLAINT can be made directly to the relevant State/Central Information Commission (After the outcome of First Appeal) where it concerns ANY matter relating to accessing information under the RTI Act, for example, not giving information within a time limit, charging unreasonable fees, denying you a fee waiver despite being a BPL person, destroying a record which you had requested, or making a bad decision about disclosure.
You can bypass the departmental Appellate Authority with a complaint, but it is important to call it a ‘complaint’ because otherwise the Information Commission may treat your communication as an appeal, and tell you to go through the departmental Appellate Authority first.
The Central Act does not prescribe a time limit for the Information Commission to decide on an appeal and no time limit has yet been included in any of the Appeal Rules which have been prescribed. However, best practice would support a deadline of 30-45 days to dispose of any appeal just like the Appellate Authorities. If an Information Commission decides that your appeal was justified, the Commission will need to give you a written decision. The Information Commission has broad and binding powers to:
(a) Order the public authority to take concrete steps towards meeting its duties under the Act, for example, by providing access to the information you requested, by ordering information be provided in a different form, or by reducing the number of fees you need to pay;
(b) Order the public authority to compensate you for any loss you may have suffered in the process;
(c) Impose penalties on the PIO or any other official who failed in their duties under the Act. If the Information Commission decides that your case is groundless, it will reject your appeal. In either case, the Commission must give notice of its decision to you and the public authority, which should include any right of appeal.
Instead of making an appeal to the Appellate Authority and then the Information Commission, you also have the option of approaching the Information Commission directly and submitting a complaint under section 18(1) of the Act if you are not satisfied with the decision of a PIO or if you think a public authority is failing to comply with its information duties under the Act. This is a particularly useful route if you wish to immediately seek a penalty for the PIO or compensation for yourself.
The Appellate Authority does not have the power to order either of these, but Information Commissions do. By approaching the Information Commission directly you will be able to bypass the Appellate Authority, although the lack of time limit for the Information Commission to give its decision is one drawback to this procedure. The Appellate Authority has to give its decision within a maximum of 45 days. It is for you to carefully decide which procedure is best in your case. No fee is required to be paid along with the First/second appeal/complaint.
The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
I advise you to first file an RTI application with the Public Information Officer (PIO). If you are not satisfied with the response, then file a First Appeal with the First Appellate Authority. If you are still not satisfied, you can then file a Second Appeal with the State or Central Information Commission.
Alternatively, if you are unhappy with the response from the PIO, you can directly file a Complaint with the State or Central Information Commission under Section 18 of the RTI Act, without going through the First or Second Appeal process.
3. Complaint
If your RTI is not responded to, or if you are dissatisfied with the information received, you can file a Complaint directly to the Information Commission (state or central) without going through the First Appeal, in some cases. Complaints can be filed for:
Denial of access to information
Non-receipt of information
Delay in providing information
Unreasonable fee demands
Learn more about how to file a Complaint under the RTI Act here.
Penalties for Non-Compliance
The Information Commissions have the authority to impose penalties on Public Information Officers (PIOs) if they fail to comply with the RTI Act. These penalties can include:
Rs. 250 per day for each day of delay, up to a maximum of Rs. 25,000.
Compensation for any loss or harm caused due to non-provision of information.
Section 20 of the RTI Act mandates disciplinary action against PIOs who do not comply with the Act's provisions.
It is recommended that the complainant/appellant specifically include a “prayer” or “relief sought” in his Complaint or Second Appeal, in case he wants the CIC or the SIC to impose a penalty under Section 20(1) or recommend disciplinary action under Section 20(2). Similarly, if compensation is sought from the Public Authority, the complainant/appellant should make a specific mention in “prayer” or “relief sought” as well as give justification for seeking compensation and the amount of compensation sought.
RTI Appeal Versus Complaint
A second appeal under section 19 (3) of the Act is filed against an order of the FAA in a public authority or when the FAA does not make a decision within the specified time. A complaint under section 18 of the Act may be filed directly on the grounds mentioned in sub-section (1) of this section. The main difference between a complaint and a second appeal is that in the case of an appeal, this Commission may pass orders directing the CPIO to provide the requested information to the appellant in appropriate cases whereas such orders cannot be passed while dealing with a complaint.
A complaint may be filed directly in this Commission under section 18 of the RTI Act, by a person:-
(a) who has been unable to submit a request to a Central Public Information Officer either by reason that no such officer has been appointed under the Act, or because the Central Assistant Public Information Officer has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or senior officer specified in subsection (1) of section 19 or this Commission;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to the information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading, or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
Conclusion
Under the RTI Act, 2005, a citizen needs to pay a basic application fee, which is usually ₹10/₹20 when filing an RTI request. RTI applications can be filed both online (some state may not have online RTI facilities) and offline. Offline RTIs can be submitted directly at the office of the Public Information Officer (PIO) or sent through post or reputed courier. The application fee can be paid by cash (with a receipt), demand draft, banker’s cheque, Court Fee, Indian Postal Order (IPO), or by affixing a court fee stamp, depending on the department’s accepted modes of payment. Do check State wise rule to find out prevalant method of fee payment.
In addition, if the requested information is bulky or requires extra processing, the public authority may charge a subsequent fee such as:
₹2 per page (A4 or A3 size paper)
Actual cost for larger documents or samples
₹50 per diskette or floppy (if information is provided electronically)
Postal charges (if information is sent by post and exceeds normal postal charges)
If the applicant belongs to the Below Poverty Line (BPL) category, they are exempted from paying fees, provided they submit proof.
Conclusion
RTI is a powerful tool for promoting transparency and accountability in government functioning. By following the simple steps outlined above, you can file your own RTI application, appeal if necessary, and ensure that public authorities adhere to their legal obligations. If you need help drafting your RTI application or filing an appeal, you can always reach out to our team for guidance.
For more information or to access our nonprofit support plan for filing RTI applications and appeals, please visit our website.
Feel free to share this blog and encourage others to utilize the RTI to get the information they deserve!
While mothers undeniably play a pivotal role in the early years of a child’s life, fathers should not be disregarded in custody proceedings. Both parents have equal rights, and the welfare of the child must remain the focal point of all decisions. Courts must ensure that fathers are not prejudiced by societal bias or emotional judgments and are provided an equal opportunity to secure custody where applicable.
As a society, we must realize that fathers, too, can provide care, love, and stability for their children. In the end, both parents have a shared responsibility, and their rights should be equally considered to protect the welfare and future of their children.
RTI Resources:
Guideline for RTI Applications
How to file Second Appeal under RTI
Online Advance RTI With Custom Help
Key Takeaways:
RTI Act Purpose: The Right to Information (RTI) Act, 2005 empowers citizens to request information from government bodies, ensuring transparency and accountability.
Filing an RTI: Submit your RTI application clearly to the correct Public Information Officer (PIO) with fact-based questions, not opinions.
First Appeal: If no response or an unsatisfactory response is received within 30 days, file a First Appeal to the First Appellate Authority (FAA).
Second Appeal: If the First Appeal is unresolved within 45 days or still unsatisfactory, file a Second Appeal to the State or Central Information Commission within 90 days.
Complaint Option: Instead of appeals, you can also directly file a complaint to the Information Commission under certain conditions like no response, unreasonable fees, or record destruction.
Dr. Karnav Shah, Executive Director of Jivanamasteya Trust, is a committed child & human rights advocate leading initiatives in legal aid, livelihoods, & healthcare education in India & Australia. With a doctorate & degrees in law, business, & Mgt., he empowers communities through education, writing, & social action—igniting change & inspiring transformation through purposeful leadership.
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Jivanamasteya Trust is a non-profit organization, registered in Surat, Gujarat, India.
