COMPLAINT UNDER RTI ACT 2005

Section 18 of the act empowers Central Information Commission [CIC] and also State Information Commissions [SICs] to enquire into complaints against Public Authority, Public Information Officer [PIO] and First Appellate Authority [FAA]. The section has provided for enquiring and taking corrective steps by the respective commissions in respect of majority of problems that the applicant/appellant may face in getting information to which he is entitled to under this act.
Situations under which complaint can be lodged

  • No PIO or APIO or FAA is appointed by public authority.
  • PIO/APIO/FAA has refused to receive application/appeal.
  • No reply is received from PIO & FAA within time limit fixed by the act.
  • Reply received from PIO is unsatisfactory, irrelevant, unreadable, misleading, unclear, false, incomplete etc.
  • Information has been wrongly and unjustifiably refused.
  • When applicant is required to pay fee/charges in excess of those prescribed in RTI rules applicable.
  • PIO/APIO is not accessible in person or by post and his whereabouts are not easily available/prominently exhibited.
  • Proactive disclosure under section 4 [1] has not been made or it is not made publicly available/accessible.
  • PIO/FAA has wrongly refused inspection of records of public authority or reasonable cooperation is not extended during inspection.
  • PIO, FAA or any other person directly/indirectly intimidates or ill-treats or pressurizes the applicant/appellant or restraints him from exercising his right under the act.
  • PIO/FAA disobeys orders of CIC/SIC.
  • Any other situation where the citizen has been wrongly restrained/refused access to information to which he is entitled under the act.
  • Any other violation of provisions of the act by public authority, PIO or FAA.
Advocate Seema Dhavale
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