Complaining About an RTI Application

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If you have a complaint about the way in which the PIO handled your RTI application, you can approach the higher authorities established under this Act – the Central Information Commission or the State Information Commission. They have a duty under this Act to inquire into your complaint. You can make a complaint in the following situations:

When the public authority has not appointed a PIO in the first place;
When a PIO has refused to give information;
When a PIO has not given you information within the allowed time;
When the PIO has asked for too many fees for giving you the information; and
When the PIO has given you incomplete or wrong information.

If the Commission is convinced that there are reasonable grounds in the complaint, it has to initiate an inquiry into the matter. For the purpose of conducting an inquiry, it has the same powers as a civil court. This means that it can ask for people to come and be witnesses or submit relevant documents as evidence, inspect these documents, and ask for any public records.

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Processing of an RTI Application

The PIO can take 30 days to process an RTI application and provide the information that is requested. If the application is made to an APIO, the information must be provided in 35 days time.

Appealing an RTI Application

If you do not receive a decision from the PIO within 30 days, you can file an appeal against the decision of the PIO before an officer who is senior to the PIO. You need to file this appeal within 30 days. This time period may be extended if the officer feels that the delay is justified.