What is the provision for Appeal under RTI Act, 2005?

Explain Section 19 of RTI Act, 2005

Section 19 of the Right to Information Act, 2005 outlines the process of appeal in case an individual is dissatisfied with the decision of the Central Public Information Officer (CPIO) or the State Public Information Officer (SPIO) regarding the disclosure of information. The key concepts in this section are summarized as follows:

Sub-section (1): If a person does not receive a decision within the specified time or is unhappy with the decision made by the CPIO or SPIO, they can file an appeal within thirty days from the expiry of the specified period or from the receipt of the decision. The appeal should be made to an officer who holds a higher rank than the CPIO or SPIO in the respective public authority. However, if there is sufficient cause for the delay, the officer may admit the appeal even after the thirty-day period.

Sub-section (2): If an appeal is made against an order by the CPIO or SPIO to disclose third-party information, the concerned third party should file the appeal within thirty days from the date of the order.

Sub-section (3): A second appeal against the decision made under sub-section (1) should be filed within ninety days from the date when the decision should have been made or was actually received. The appeal is submitted to either the Central Information Commission or the State Information Commission. The commission may admit the appeal after the ninety-day period if it is satisfied that there was a valid reason for the delay.

Sub-section (4): If the decision being appealed relates to third-party information, the commission hearing the appeal should provide a reasonable opportunity for the third party to be heard.

Sub-section (5): In the appeal proceedings, the burden of proof to justify the denial of a request lies with the CPIO or SPIO who denied the request.

Sub-section (6): Appeals made under sub-section (1) or sub-section (2) should be disposed of within thirty days from the receipt of the appeal. However, an extension of up to forty-five days may be granted if necessary, and the reasons for the extension should be recorded in writing.

Sub-section (7): The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

Sub-section (8): The commission hearing the appeal has the power to take various actions, including requiring the public authority to comply with the provisions of the Act, such as providing access to information, appointing officers, publishing information, making changes to record management practices, enhancing training on the right to information, and requesting an annual report. The commission also has the authority to impose penalties or reject the application.

Sub-section (9): The commission should provide notice of its decision, along with information about the right to further appeal, to the complainant and the public authority.

Sub-section (10): The Central Information Commission or State Information Commission shall decide the appeal according to the prescribed procedure.

These provisions ensure that individuals have a mechanism to challenge decisions regarding the disclosure of information and that the information officers and public authorities are held accountable for their actions under the Right to Information Act.

i. Criteria for making First Appeal (FA)

The First Appeal is required to be filed under Section-19(1) of RTI Act.

• a person who is  aggrieved by the decision made
• If no decision was taken within the specified time frame
• If you are a third party that was consulted during the application process, and you are dissatisfied with the PIO’s decision.

   ii. Time Frame for making the FA

Applicants who are dissatisfied with a PIO’s decision may file an appeal with a departmental Appellate Authority within 30 days of receiving the PIO’s response or at the expiration of the time limit within which the information should have been supplied by the PIO. If you miss the deadline and the Appellate Authority is persuaded that you had a valid reason for missing the deadline, he or she may allow you to file an appeal even after the 30-day period has ended.

          iii. Authority for making the FA to

Anyone who is dissatisfied with the PIO’s decision may file the first appeal. You can also ask a friend, an RTI activist, or anybody else to register a complaint on your behalf, as long as he has a copy of the pertinent papers, such as the RTI application, acknowledgement receipt, PIO response, and so on. The Authorization Letter format is attached.

   iv. Format of FA

1. Brief information: Briefly describe the events that led to the initial appeal, such as 

• the filing of an RTI application with the PIO and the date it was filed.
• What information was/were sought, the PIO’s decision or considered refusal,
• what information was/were delivered and 
• what was not supplied, and why were you dissatisfied.

      2. Grounds for appeal: These are reasonable grounds explaining how and why PIO went in his decision. At the same time, regulations supporting the applicant’s position or the right course of action anticipated from PIO, as well as the cause for such action, should be clearly mentioned. Each such point should be written as a distinct ground.

  3. Personal Hearing: In accordance with natural justice principles, the FAA is compelled to provide Appellant with a personal hearing. If an appellant wishes to be heard by the FAA, he or she must state so at the end of the appeal. 

   4. Prayers : Appellant must clearly indicate the decision required to be given by FAA. Few of such prayers are –

• condone the delay in submission of appeal; grant personal hearing before deciding the appeal; 
• direct the PIO to supply information within 10 days from the date of decision of the appeal; 
• direct the PIO to supply information free of cost, since PIO failed to supply information within 30 days; 
• direct PIO to supply full and correct information; direct PIO to supply certified copies of information; 
• record and supply reasons for upholding the decision of PIO and rejecting the prayers of the appellant etc. etc.

   5.  Sign the Appeal: signing the appeal at right bottom with date.

   6. Appeal Fee and Format: There is no charge and no set procedure for the initial appeal to Central Government Public Authorities. Certain states, however, have a set price and process for First Appeals. Before drafting a first appeal to a state, please check the RTI Rules of the particular state for the First Appeal fee, manner of payment, and specified format of appeal (if any).

     V. Filing of FA

1. Immediately by delivering documents to the First Appellate Authority in person. 
2. Send the set of appeal materials to the First Appellate Authority of the relevant public authority by means of  post or RPAD.
3. You can alternatively send the appeal to the APIO in the appropriate public authority, who is responsible for forwarding it to the applicable Appellate Authority.
4. https://rtionline.gov.in/ in is an online portal for Central Government public authorities alone.To file your appeal online, go to the RTI Online Portal and click on “Submit First Appeal” and fill out the form that appears. Please see the accompanying User Manual. The initial application’s registration number and e-mail ID are necessary to file the first appeal.
5. Always save a copy of your appeal for your own records.
6. When you send your appeal by mail, make sure you get a signed and dated postal/acknowledgement receipt. Couriers should be avoided at all costs.
7. Avoid physically delivering the appeal since collecting the acknowledgement receipt may take up a significant amount of your time.

VI. Prescribed fee for FA

The fee for submitting an appeal with the Appellate Authority has not been set by the Central Government. However, some state governments, such as Maharashtra and Madhya Pradesh, have enacted rules that levy an appeal cost. Such laws have been challenged, claiming that no appeal may be refused or blocked due to non-payment of an appeal fee. If your state government has imposed an appeal charge and you are unwilling or unable to pay it, you can petition the State Information Commission or the State High Court to address the matter of fee levy.

        vii. Disposal of FA

The RTI Act makes no provision for a system for considering appeals. However, before making a judgement on your appeal, the Appellate Authority must give you the opportunity to be heard. In every appeal, the PIO must demonstrate to the Appellate Authority that they made the correct judgement. Should you be asked to explain why you believe they are incorrect only if they make a compelling case?

According to the Central Act, the internal Appellate Authority (FAA) must rule on your appeal within 30 days, or 45 days if an extension is required.

       viii.         Criteria for making Second Appeal (SA)

When you are upset and dissatisfied with the judgement of the First Appellate Authority, the Right to Information Act provides for a second appeal.  For considering such appeals, information commissions have been established at the federal and state levels.

Anyone who is dissatisfied with the PIO’s decision may file a second appeal. You can also ask a friend, an RTI activist, or anybody else to make a complaint on your behalf, as long as he has a copy of all necessary papers, such as the RTI application, acknowledgement receipt, PIO response, first appeal, FAA order, and so on. The Authorization Letter format is attached.

  IX.  Time Frame for making the SA

A second appeal to the Information Commission against an Appellate Authority’s decision must be filed within 90 days of the date the decision should have been made or the date the decision was actually received. However, if there is sufficient grounds for such a delay, the Information Commission has the power to consider appeals after this period has ended.

  X. Authority for making the SA to

To hear complaints and second appeals, the Central Information Commission and State Information Commission have been established at the national and state levels, respectively. You must submit your written appeal to the appropriate Information Commission. In cases involving Central Government public authorities, you must file an appeal with the Central Information Commission. For issues involving State Government public officials, you must file an appeal with the appropriate State Information Commission. Appeals against Panchayats shall be forwarded to the State Information Commission.

  XI. Format of SA

The Central Government and several State Governments have established guidelines for what information must be provided in an appeal to the Information Commissions. There is, however, no standard protocol for submitting a second appeal. In addition to basic information about your application and how it was processed, your appeal should include supporting documents such as self-attested copies of the orders/decision notices against which the appeal is being made, as well as copies of any additional documents referred to in your appeal.

The Central Information Commission provides for a checklist before filing Second Appeal. Check http://cic.gov.in/Checklist-ac.pdf

        xii. Filing of SA (same as for first appeal)

1.  Immediately by delivering documents to the First Appellate Authority in person. 
2. Send the set of appeal materials to the First Appellate Authority of the relevant public authority by means of  post or RPAD.
3. You can alternatively send the appeal to the APIO in the appropriate public authority, who is responsible for forwarding it to the applicable Appellate Authority.
4. https://rtionline.gov.in/ in is an online portal for Central Government public authorities alone.To file your appeal online, go to the RTI Online Portal and click on “Submit First Appeal” and fill out the form that appears. Please see the accompanying User Manual. The initial application’s registration number and e-mail ID are necessary to file the first appeal.
5. Always save a copy of your appeal for your own records.
6. When you send your appeal by mail, make sure you get a signed and dated postal/acknowledgement receipt. Couriers should be avoided at all costs.
7. Avoid physically delivering the appeal since collecting the acknowledgement receipt may take up a significant amount of your time.

       xiii. Prescribed fee for SA

The fee for submitting an appeal with the Appellate Authority has not been set by the Central Government. However, some state governments, such as Maharashtra and Madhya Pradesh, have enacted rules that levy an appeal cost. Such laws have been challenged, claiming that no appeal may be refused or blocked due to non-payment of an appeal fee. If your state government has imposed an appeal charge and you are unwilling or unable to pay it, you can petition the State Information Commission or the State High Court to address the matter of fee levy.

       xiv. Disposal of SA

The RTI Act makes no provision for a system for considering appeals. However, before making a judgement on your appeal, the Information Commissions must give you the opportunity to be heard. In every appeal, the PIO must demonstrate to the Appellate Authority that they made the correct judgement. Only if they make a compelling argument will you be asked to explain why you believe they are incorrect.

The Central Act does not provide a time limit for the Information Commission to rule on an appeal, and no time restriction has yet been incorporated in any of the mandated Appeal Rules.[ANNEXED RULES] However, as with the Appellate Authorities, best practise would support a timetable of 30-45 days to resolve any appeal.

XV. Proceedings before the Information Commissions

Unlike court procedures, the Information Commission’s hearings are informal in nature, and you do not require to have counsel in order to present your case. While the hearing is going on, you can get help from anybody, and it’s not required that the person be an attorney. Typically, the appellant presents his case in person. He also has the choice of avoiding the hearing process or attend through a designated representative.

The Burden of Proof: The person who wishes to keep the information secret – the PIO or a third party – have the responsibility of proving that the denial of a request was warranted.

Decision/Judgement

If an Information Commissioner finds that your appeal was warranted, he may issue the following order:

• Requesting that the public authority take specific actions towards achieving its obligations under the Act, such as granting access to the information you requested, directing that information be delivered in an alternative format, or decreasing the amount of costs you must pay. 
• Ordering the public authority to pay you for any losses incurred as a result of the process; 
• Penalties for the PIO or any other officer who fails to perform their obligations under the Act.
• If the Information Commission finds that your case is without merit, it will reject your appeal and notify you and the public authority of its judgement, which should include any right of appeal.

    Conclusion

In conclusion, Section 19 of the RTI Act, 2005 provides a comprehensive framework for the process of appeal in cases where individuals are dissatisfied with the decisions made by the CPIO or SPIO regarding the disclosure of information. The section outlines the criteria, time frames, and authorities for filing both first appeals (FA) and second appeals (SA) with the relevant appellate authorities or information commissions. It also emphasizes the burden of proof on the CPIO or SPIO to justify the denial of a request. The provisions ensure that individuals have a recourse to challenge decisions, hold information officers and public authorities accountable, and promote transparency and accountability in the functioning of government bodies. The disposal of appeals and proceedings before the information commissions are outlined, and the decisions of the commissions are binding. Overall, Section 19 plays a crucial role in safeguarding the right to information and facilitating access to information for citizens.