Right to Information: User Guide

What happens if the application is rejected?

Sent back with an option to resubmit
Rejected outright
Partial disclosure
Appeals and Complaints

Appeal
Complaint
Appeal to the courts

Sent back with an option to resubmit
In some cases, your application may be sent back to you on the basis that is has not been completed properly. This might happen, for example, if you have worded your application too broadly and it is not clear what specific information you want (for example, because it is not clear what dates you want the information for, or in relation to what geographical area or in relation to what government scheme).

This is why it is important to make your request as precise as possible - if the person managing your application is not sure what information you want, they will waste time by coming back to you with further questions. In such cases, you must be given an opportunity to re-draft your application and then re-submit it, before it can be rejected outright. If you do not re-submit your application after it has been sent back to you, then the relevant authority will not take it any further.

Can your application be sent back because it does not mention a "purpose"?
There have been reports that some PIOs have sent back applications because requestors didn't specify the purpose for which they were making the request. This approach is not in the spirit of the right to information law. The Central Act explicitly states that an applicant making a request shall not be required to give a reason for their request. If a PIO or APIO demands to know your purpose you can either simply state a purpose briefly (for example: for public interest; personal; research; or any such general purpose) or you could consider appealing the decision.

Rejected outright
If the PIO decides that the information you have requested is covered by an exemption, then your application will be rejected. In such cases, the Central Act requires that you should be sent a rejection notice as expeditiously as possible and definitely within 30 days of receipt of request.

The Central Act explicitly requires that the rejection notice should contain:

• the reasons your application was rejected (ideally, they should mention the specific applicable exemption clause);
• the period in which you can lodge an appeal; and
• the details of the relevant "appellate authority".

These particulars should be provided so that you are fully aware of your rights and the options you have for challenging the decisions not to release the information you have requested.

Partial disclosure
You should note that it is possible for an application to be partially rejected. This might happen where some of the information in the documents you requested is sensitive and falls under an exemption. In such cases, the sensitive information should be removed or blacked out from the record, but the remainder of the information can be released to you. The Central Act specifically permits partial disclosure. You should be aware of the possibility of "partial disclosure" and raise this with the PIO if you think that it could be done in your case. You can also raise this during your appeal (see below for more).

Under the Central Act, if your application is only partially accepted, you must be sent a notice advising:

(i) that only part of the record is being disclosed;
(ii) the reasons for the decision, including facts on which the decision was based;
(iii) the name and designation of the decision-maker;
(iv) details of fees; and
(v) rights to review.

Appeals and complaints
The Central Act sets in place appeals and complaints procedures which provide requesters with cheap, simple options for taking issue with decisions or poor performance under the Act. Requesters can make appeals to a senior officer within the concerned department (referred to as the Appellate Authority) or they can complain to one of the new Information Commissions, which are to be set up at the Centre and in all the States.

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. The 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 Appellate Authority also does not satisfy you, you can make a second appeal to the Information Commission.

Alternatively, a COMPLAINT can be made directly to the relevant Information Commission 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

Option 1 - Making an Appeal
The appeal process falls under section 19 of the Act and envisages a two-step process: firstly, an appeal to the Appellate Authority and secondly, an appeal to one of the newly established Information Commissions. The appeals process is supposed to be a quicker, cheaper way of enabling requesters to get a decision reviewed, than going to the courts.

First Appeal to the Appellate Authority
In every public authority, an officer who is senior in rank to the PIO has been designated to hear appeals. He/she is referred to as the Appellate Authority. The original decision or rejection notice you receive from the PIO should include contact details for the relevant Appellate Authority so that you know who you can go to get the decision reviewed. If the notice is deficient, you may want to check the website of the public authority or contact the PIO directly and ask for the Appellate Authority's details.

You can make an appeal to the Appellate Authority if:
(a) You are aggrieved by the decision made;
(b) If no decision was made within the proper time limits;
(c) You are a third party consulted during the application process, and you are unhappy with the decision made by the PIO.

You need to send your appeal to the Appellate Authority within 30 days from the date on which you received the decision (or you should have received a decision) from the PIO. However, if you miss that deadline but the Appellate Authority feels that you have been prevented from making an appeal within this time limit for justifiable reasons, he/she may allow you to submit an appeal even after the 30 days have expired. The Central Act requires that the internal Appellate Authority dispose off your appeal within 30 days or 45 days if an extension is necessary.

You need to send your appeal to the concerned Appellate Authority in writing. Some State Governments have prescribed forms for filing appeals. You should check the Rules in your particular State to see what you will need to do or you can check directly with the Appellate Authority. You can file appeals directly by handing them over in person or send them by post/courier. Additionally you can also send the appeal to the APIO in the relevant public authority who then has a duty to forward it to the relevant Appellate Authority.

The Central Act does not permit any fee being levied on an applicant for filing an appeal to an Appellate Authority (or the Information Commissions). Unfortunately, some State Governments, like Maharashtra and Madhya Pradesh , have prescribed Rules which impose an appeal fee. It is not legal to impose an appeal fee or reject an appeal because of non-payment. If your State Government has prescribed an appeal fee, you can either move the relevant Information Commission or your High Court to consider the matter or attempt to bring up the issue before your State Legislative Assembly for debate.

The Appellate Authority must offer you an opportunity to be heard before a decision on your appeal is reached. The Central Act specifies that in any appeal, it is the responsibility of the body denying the request to prove that the denial was justified. This means that it is the PIO who needs to prove to the Appellate Authority that they made the right decision.

Second Appeal to the Infomation Commission
If you are unhappy or dissatisfied with the decision of the Appellate Authority, the Central Act provides you with the option of filing a second appeal with the newly constituted Information Commissions at the Centre or the States. A second appeal against a decision of an Appellate Authority to the Information Commission must be made within 90 days from the date on which the decision should have been made or from the date a decision was actually received. However, the Information Commission has the discretion to allow appeals after this period has expired.

You need to send your appeal to the relevant Information Commission in writing. In matters relating to Central Government public authorities, you need to send your appeal to the Central Information Commission. For matters relating to State Government public authorities you will need to send your appeal to the concerned State Information Commission. Appeals against Panchayats will be sent to the relevant State Information Commission.

The Central Government and some State Governments have issued Rules about what information needs to be included in an appeal to the Information Commissions. In addition to basic information about your applicaion and how it was processed, your appeal should attach supporting documents, including: self-attested copies of the orders/decision notice against which the appeal is being made; and copies of any additional documents you are relying upon which are referred to in your appeal.

The Central and State Information Commissions manage appeals in accordance with procedures prescribed under the relevant Appeal Rules. Commissions have the power to take oral or written evidence on oath/affidavit; inspect documents or copies; hear and receive affidavits from the PIO against whom the appeal has been made and/or the Appellate Authority who has decided the first appeal; and to hear from you. If the decision of a PIO or Appellate Authority relates to a third party, then that third party also has the right to be heard by the Information Commission before it makes a decision.

Appeals proceeding at the Information Commissions are not meant to be formal, like a court proceeding. It should not be necessary to hire a lawyer to plead your case before the Information Commission. Proceedings are meant to be informal and non-confrontational. Although the Commission does have the powers of a civil court under the Central Act, nonetheless, the Commission is not supposed to operate like a court. If you feel uncomfortable during an appeals or complaints proceeding you should inform the Information Commission and you should be able to seek assistance from someone during your hearing. In any case, the Information Commission is an openness champion, and the Commissioners and their staff should be alert to ensure that arguments in favour of disclosure are not overlooked simply because you did not use a lawyer.

Burden of Proof In any appeals proceeding, the burden of proof that the denial of a request was justified lies on the person who wants to keep the information secret - the PIO or a third party. In practice, this means that you should only need to interact with the Commission after the person who wants to withhold the information has first been questioned, because they are the ones who have to show the Information Commission that they are right. If a hearing is then organised, the PIO or third party arguing for secrecy needs to be called on to make their case first. You will only need to make a case if the Commission thinks the PIO or third party has a point worth considering. At that stage, you then need to argue in favour of disclosure

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 amount 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

Option 2 - Making a Complaint
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.

You can file a complaint to the new Information Commissions if you have any trouble in accessing information under the RTI Act, for example, if you have been:

• has been refused access to any information requested under the Act (presumably in cases where the person believes there has been a misapplication of an exemption under s.8(1) or the failure to properly consider the public interest override under s.8(2));
• has been unable to submit a request or appeal to a Central or State Public Information Officer (PIO) or Assistant PIO;
• has not been given a response to a request for information within the time limit specified under the Act;
• has been required to pay an amount of fee which he/she considers unreasonable or is unhappy with the form of access granted;
• believes that he/she has been given incomplete, misleading or false information under this Act.

Importantly, the Central Act actually includes a catch-all clause which broadly gives the Commissions power to handle a complaint "in respect of any other matter relating to requesting or obtaining access to records under this Act". This clause basically means that the Commissions have the power to inquire into any matter at all, even if not specifically mentioned in the Act.

The time limit for preferring a second appeal to the Information Commission is 90 days from the date of the decision should have been made by the Appellate Authority or the date you actually received a rejection notice. However, the Information Commission can extend this deadline.

The Central Government has promulgated Right to Information Appeals Rules 2005 ('Appeals Rules') which require that every appeal to the Central Information Commission must be accompanied by:

(i) attested true copy of the Order against which the appeal is being preferred;
(ii) copies of documents relied upon by the appellant and referred to in the appeal; and
(iii) an index of the documents referred to in the appeal.

Only a few States have developed the procedural rules which apply to their State Information Commission. You should consider checking the your State Government's website to check what procedures have been developed or CHRI's relevant India State RTI page.

The Information Commissions have broad powers of investigation and can look at any information which has been requested - even if the Public Authority claims the information is exempt. As noted earlier, the Central Act specifies that in any appeal, it is the responsibility of the body denying the request to prove that the denial was justified which means that the PIO must prove to the Information Commission Authority that they made the right decision.

The Information Commissions' decisions about whether or not information should be disclosed are binding. The Information Commissions can also impose penalties for non-compliance with the provisions of the Central Act.

Unfortunately, neither the Central Act nor the Appeals Rules have yet imposed a time limit on how long Information Commissions should take to make their decisions. Perhaps, with the passage of time the Central Government or the Information Commissions shall through an internal ruling determine the time limit. If not, it is to be hoped that the Information Commissions will follow best practice and deal with appeals within 30-45 days because experience at the State level was that appellate authorities were often slow in disposing of appeals.

Appeal to the Courts
The last point of appeal is, of course, the courts. Although the Central Act, attempts to bar appeals to the courts, this is not constitutional. The Supreme Court of India has long recognised that the right to information is a fundamental constitutional right, which means that you can always take a case to the Court in support of that right.

Already, there have been examples of cases where applicants have taken their complaints to the High Courts of their state. There has also been Public Interest Litigation to the Supreme Court calling for better enforcement of the right to information.

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.