RTI

I dont get any reply from PIO I dont get any reply from PIO

4 months ago

I filed an RTI on 5 Nov 2023 and didn't get any reply from the PIO nor did he try to communicate in any way. Now I have filed the first appeal, but there are high chance that I didn't get a reply in the first appeal either. As this information has a direct impact on my health and my career, can I complain directly in UPSIC just after 30 days without waiting for the first appeal 45 days to complete? If yes then where should I complain and What should I write in the application?

Legal Counsel Vidhikarya

Responded 4 months ago

View All Answers
A.Dear Client,
A complaint under Section 18 can be made either after getting the response for RTI or after getting the response for the first appeal. However, it is advisable to file the complaint after the first appeal (if possible) as it could make the case stronger. However, the complaint cannot be rejected on the grounds that the first appeal has not been made. The section 18 complaint can be made anytime after receiving the RTI response, or first appeal response and there is no time limit within which the complaint needs to be made. Section 18 complaint needs to be made with the Information Commission. For state government departments State Information Commission (SIC) needs to be approached and for central government departments Central Information Commission (CIC) needs to be approached. If the Information commissioner feels that the complaint is justified then he can initiate an inquiry for the officer against whom the complaint is made. Documents required for registration of Complaint: Complaint duly signed and addressed to the Commission. Copy of the RTI application submitted to the CPIO/SPIO or the RTI application that could not be submitted. Copy of reply received from the CPIO, Copy of the order received from the First Appellate Authority, Copies of other documents relied upon by the Complainant and referred to in his Complaint, All the documents shall be duly authenticated and verified by the Complainant, RTI and Complaint shall be related to each other. The above two documents must be legible. A complaint can be filed immediately if the CPIO/SPIO of the Public Authority refuses to accept the RTI Application as per the RTI Act 2005. After receipt of reply to RTI application or thirty days after the filing of RTI application and if no reply is received. After receipt of a reply from the First Appellate Authority or forty-five days after the filing of the First appeal, if the Complainant had chosen to file the first appeal and no reply had been received.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

View All Answers
A.Dear Client,
If you haven't received a response to your RTI application and subsequently filed a first appeal without any communication, it's understandable that the matter is time-sensitive, affecting your health and career. In Uttar Pradesh, you can approach the Uttar Pradesh State Information Commission (UPSIC) to file a complaint. Typically, the usual course of action involves waiting for the stipulated time for the first appeal process to complete. However, considering the urgency of your situation, you may choose to file a direct complaint after 30 days, explaining the immediate impact on your health and career. In your application to UPSIC, clearly state the details of your RTI application, the lack of response from the Public Information Officer (PIO), your subsequent appeal, and the urgency of the matter. Provide any supporting documents or information that reinforces the importance of expediting the process due to the critical nature of the information sought. Ensure your application is concise, yet comprehensive, to convey the urgency and necessity of a swift resolution.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRegarding two degree simultaneously
Dear sir, It may happen because you are not attending any college in case of distance education. Thus it is legal to get two degrees simultaneously.
question iconADVOCATE SYMBOL
Dear sir You are not getting any benefit by using such symbol. If vehicle is not standing in your name then also it is fine. You should not misrepresent before the police about your present academic r...
question iconLand issue EWS certificate
Dear Client, The definition of EWS may include those categorized as “Below Poverty Line (BPL)”. There is no coherent single/unique definition for EWS in India. It is defined differently for different...
question iconRIGHT OF INFORMATION ACT2005
Dear Client, You can search the PDF copy of the R T I Act, 2005, and its Rules in the Google search engine and download it for your perusal. Alternatively, you can buy a copy of the Act from a Law Boo...
question iconCooperative housing societies
Dear Client, Cooperative Housing Societies registered under the Maharashtra Cooperative Societies Act are not considered public authorities under the RTI Act, 2005. But, any information as defined und...