The Supreme Court order, passed by a division bench of Dipak Misra and KS Radhakrishnan, states that income tax returns, assets, liabilities, official orders and performance records of public officers are personal information and can be exempted under Section 8(1)(j) of the RTI Act of 2005.
Grounds of Rejection of RTI There are only three possible grounds on which information can be denied: The organisation is not a Public authority - eg. a Cooperative Society, or a Private corporate or Institution, not substantially financed or controlled by the Government.
In such a case, you are required to file your appeal in physical mode to the concerned public authority. 2) Another case can be if your RTI application has not been replied to by CPIO and 30 days period has not lapsed. In such a case, you may file first appeal only after completion of stipulated time period of 30 days.
- FAQ | RTI Foundation of India. Can an applicant seek information older than 20 years? A public authority is obliged to provide information which is more than 20 years old subject only to the provisions of clauses (a), (c) and (i) of Section 8(1) of the RTI Act.
The first appeal lies within the public authority itself which is made to an officer designated as the First Appellate Authority by the concerned public authority. The first Appellate Authority happens to be an officer senior in rank to the CPIO. The second appeal lies with the Central Information Commission.
According to section 2 (n) of the RTI Act, 2005, 'third party' means a person other than the citizen making a request for information and includes a 'public authority'. However, it is not the information bearer (third party) who holds the key to disclosure.
You can file any number of RTI application. But you won't get any information. So for every application you can send one more application. RTI applicant cannot be penalised for asking information.
Citizen's Right to Seek Information under the Right to Information Act 2005. A citizen has been given many rights as per the Indian Constitution and various other legislation for eg. Rights to freedom of speech and expression, Right to Life, Right to Personal Liberty, Right to Vote, Right to Educations etc.
Is identity proof required at the RTI application stage? Nothing in the RTI Act passed by Parliament or the RTI Rules notified by the Central Government or most of the State Governments require an applicant to submit proof of identity or address along with the RTI application.
Yes, Public Sector Banks are covered under RTI Act 2005. However, you cannot file RTI to Private Banks.
If we combinedly read sub-section (f) and (j) of section (2) of RTI Act, it means that we can ask questions under RTI if the answer to the question is available in record of public authority or in other records which is under the control of the public authority.
For making an appeal to the first Appellate Authority, the applicant has to click at "Submit First Appeal" and fill up the page that will appear. The registration number of original application has to be used for reference. As per RTI Act, no fee has to be paid for first appeal.
No questions. That's the stand of a state government department on the Right to Information Act. "Under the RTI Act, 2005, your queries submitted to the public information officer cannot be in question form… Under Section 2(f), which defines 'information' , questions have not been defined as information.
Remember that you may not be able to file your RTI in each post office. You need to ask the post office headquarters of your village/ town/ city to find out in which branch the assistant central public information officer (ACPIO) has been designated under the RTI Act.
Who are Public Information Officers (PIOs)? PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act.
Such fees must be payable to the Accounts Officer of the public authority and can be paid to the Public Authority in the following manner:
- By way of a demand draft.
- Banker's cheque.
- Indian Postal Order.
- By way of cash to the Accounts Officer or to the Assistant Public Information Officer against proper receipt.
Any person who is a citizen of India can file an RTI application. He can go for filing an RTI at any point in time whenever he wants to seek any information regarding any government organisation, or its any ongoing program, any public authority, etc. Any person who is a citizen of India can file an RTI application.
Under the RTI Act, the public authorities have the obligation to disclose the monthly emoluments paid to their employees. U/s 4(1)(b)(x) of the Act, "the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations" should be published.
While Seeking Out Information From Private Organizations:The Right to Information Act is applicable only in case you wish to seek information relating to the government. RTI does not apply in case of private bodies such as Amazon, Flipkart, Vodafone and so on.
As per Section 20(1) of the RTI Act, the CIC or the SIC, has the powers to impose a penalty on the PIO, while deciding on a complaint or a second appeal. The penalty can be imposed, if the PIO has: Refused to receive an application. Not furnished the requested information within 30 days of receiving the application.
For each day of delay in making available the information sought under RTI, the central or the state information commission, under the Act, is empowered to impose a penalty of Rs 250 per day with a caveat that the total amount of penalty should not exceed Rs 25,000.
Rule 12 in the draft provides for the withdrawal and abatement of right to information applications: “12 (1) The Commission may in its discretion allow a prayer for withdrawal of an appeal if such a prayer is made by the appellant on an application made in writing duly signed or during hearing.
The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority.
Courts have always been questioned for pending cases. RTI can place yardstick among judicial for timely disposure of justice. Judiciary as watchdog of constitution as drawn boundary for public officials but it itself is not willing to be under purview of RTI.
The first appeal lies within the public authority itself which is made to an officer designated as the First Appellate Authority by the concerned public authority. The First Appellate Authority happens to be an officer senior in rank to the CP1O. The second appeal lies with the Central Information Commission.
Documents to be attached with first appeal:
- self attested photo copy of RTI Application,
- self attested copy of PIO's reply (if any),
- any other document(s) supporting the grounds and pleadings in appeal.
- Self-attested means, at the bottom of photo copy, write 'Attested' and below that put full signature.
The Second Appeal must be filed within 90 days from the date on which the First Appellate Authority decision was actually received by the Appellant or within ninety days after expiry of 45 days of filing of First Appeal in cases where no reply has been received.
Make sure to attach a copy of the RTI and response (if received) with the appeal and take an acknowledgement of appeal submission. If the applicant is not satisfied with the response of RTI appeal, then the applicant can either file a RTI appeal or file a Section 18 complaint or go for a second appeal.
Anybody who is unhappy or dissatisfied with the decision of the First Appellate Authority can file 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.
A) First Appeal lies to a superior court from a decree passed by a court exercising original jurisdiction. Whereas, second appeal lies only in the High Court from a decree passed by a court exercising appellate jurisdiction.
Track RTI Application Status: Online Method
- Step 1: Visit the RTI Online Govt. Portal.
- Step 2: Fill up the Form for RTI Status. As soon as you visit the page, a form will be in front of you.
- Step 3: Recheck and Click Submit. Re-check the registration number and email ID you have just entered for any possible errors.
Prayers: Appellant must clearly indicate the required response to be given by the FAA.
- condone the delay in RTI first appeal submission;
- ask to grant personal hearing before deciding the appeal;
- direct the PIO to supply information within 10 days from the date of appeal;
A Second Appeal is the remedy specified in the Section 19(3) of the Right to Information Act, 2005 that can be used in case: The FAA or First Appellate Authority fails to furnish a reply to the First Appeal within a period of 30 days.
RTI filing offlineAddress the application to the concerned state or central Public Information Officer and mention on 'Seeking information under the RTI Act - 2005' in the subject line. Put the request in the form of a detailed and specific question mentioning the year or period the plea falls in.
