Here are some notes on appeals and orders in appeal under the Right to Information Act, 2005 (RTI Act) in detail:
- Section 19 of the RTI Act provides for a two-tier appeal system for resolving disputes under the Act.
- The first tier of appeal is to the State Information Commission (SIC) or the Central Information Commission (CIC), depending on the level of the public authority.
- The second tier of appeal is to the High Court.
- The appeal must be filed within 30 days of the decision of the first tier of appeal.
- The appeal must be filed in writing and must be accompanied by a fee of Rs. 200.
- The Information Commission must dispose of the appeal within 30 days of receiving it.
- If the Information Commission is unable to dispose of the appeal within 30 days, they must explain the reasons for the delay and dispose of the appeal within a further 30 days.
Here are some of the important things to keep in mind when filing an appeal under the RTI Act:
- Make sure that you are filing the appeal with the correct Information Commission.
- Be clear about the reasons for your appeal.
- Be polite and respectful when interacting with the Information Commission.
- Follow up on your appeal if you have not received a response within a reasonable time.
If you are not satisfied with the order of the Information Commission, you can appeal to the High Court.
The Information Commission can pass the following orders in appeal:
- Uphold the decision of the PIO.
- Quash the decision of the PIO and direct the PIO to provide the information.
- Direct the PIO to provide the information in part.
- Direct the PIO to pay compensation to the requester.
The Information Commission can also impose a penalty on the PIO for non-compliance with the RTI Act.