File an RTI, and appeal when there is no reply: two drafts
Banthry Prep. General information, not legal advice. Fill the blanks and remove what does not apply. References are to the Right to
Information Act, 2005 (RTI Act) and the Right to Information Rules, 2012 (central Rules). State governments have their own RTI rules:
fees and payment modes for state offices can differ.
The clock
| Step | Time limit | Where it comes from |
|---|---|---|
| PIO decides your application | 30 days from receipt; 48 hours if the information concerns the life or liberty of a person. Add 5 days if you filed through an Assistant PIO | s.7(1) and proviso; s.5(2) |
| No decision in time | Treated as a refusal (deemed refusal). If the PIO misses the time limit, information is to be given free | s.7(2); s.7(6) |
| First appeal | Within 30 days from the end of the reply period, or from receiving the PIO's decision, to the officer senior in rank to the PIO. No fee | s.19(1); RTI Online guidelines |
| Second appeal | Within 90 days from the date the first appeal should have been decided or was actually received, to the Central or State Information Commission | s.19(3) |
| Penalty on the PIO | The Commission can impose Rs 250 for each day of delay without reasonable cause, up to Rs 25,000, after hearing the PIO | s.20(1) |
Fees (central government offices). Application fee Rs 10 (r.3). Copies: Rs 2 per page of A4 or A3 (r.4). No fee for a person below
the poverty line who attaches a copy of the BPL certificate (s.7(5) proviso, r.5). No reason has to be given for asking (s.6(2)).
How to file. In writing (by post or by hand) to the Public Information Officer of the office that holds the information. For
central ministries and departments, online at rtionline.gov.in, where the fee is paid by net banking, card or UPI.
Write good questions. Ask for documents and records, not opinions: copies of file notings, the status of application no. [ ],
names and designations of officers who handled it, dates on which it moved.
Draft 1: RTI application (Section 6(1))
To,
The Public Information Officer,
[Name of office / department], [Address]
Subject: Application under Section 6(1) of the Right to Information Act, 2005
- Name: [ ] Address: [ ] Phone / email: [ ]
- Information sought (for the period [from] to [to]):
- The present status of my application no. [ ] dated [ ] for [ration card / pension / certificate / other].
- Certified copies of the file notings and correspondence on that application.
- The names and designations of the officers who dealt with it, and the dates on which it was received and moved.
- The time limit, if any, fixed under the office's citizen charter or rules for deciding such applications.
- Fee: Rs 10 paid by [IPO / DD / court-fee stamp / online receipt no. ]. [Or: I am below the poverty line; a copy of my BPL certificate is attached.]
- I request the information [by post at the address above / by email].
Date: [ ] Place: [ ]
[Signature]
Draft 2: First appeal (Section 19(1))
File within 30 days of the end of the reply period or of receiving the PIO's reply. Attach copies of the application, fee proof,
postal receipt and any reply.
To,
The First Appellate Authority,
[Office / department], [Address]
Subject: First appeal under Section 19(1) of the Right to Information Act, 2005
- Appellant: [Name, address, phone / email]
- PIO against whose decision this appeal is filed: [designation, office]
- RTI application dated [ ], received by the PIO on [ ] (postal tracking / online registration no. [ ]).
- Ground of appeal: [No reply was received within 30 days, which is a deemed refusal under Section 7(2) / The information given is incomplete or misleading: explain / The request was refused under Section [ ] without valid reason: explain].
- Relief sought: direct the PIO to give the complete information sought, free of charge under Section 7(6) where the time limit was missed, within a time fixed by this authority.
Date: [ ] Place: [ ]
[Signature]
If the first appeal also fails: file a second appeal before the Central Information Commission (central offices) or the State
Information Commission (state offices) within 90 days, with copies of everything above.
Sources: Right to Information Act, 2005, ss.5, 6, 7, 19, 20 (Central Information Commission copy); Right to Information Rules, 2012,
rr.3, 4, 5; RTI Online (DoPT) guidelines; Supreme Court, CPIO, Supreme Court of India v. Subhash Chandra Agarwal, 13 November 2019.
Banthry Prep · banthry.in · General information, not legal advice.