Step by step

procedures

When and how should RTI be
used? What are the steps involved
in filing an RTI application,
receiving information, preferring
appeal, exposing corruption, etc.?
All such questions are answered
in a logical and easy-to-
understand manner. A step-by-
step path is laid out for you,
supplemented by relevant formats
& desirable forms.
You are also given tips on
framing questions, a very
important aspect, so you can
avoid pitfalls on the path of RTI.
We strongly recommend that
before you go through this
chapter, you read "Intro to RTI
for Beginners" to make a fairly
good practical use of the Right to
Information Act, 2005.
Step 1 - Research or
complain
Before you file an RTI
application, you must thoroughly
explore the content on the website
of the concerned Public
Authority. You may find the
information there that you desire.
This will save you and and the
PIO a lot of trouble and money.
You may want to start by filing a
complaint about your grievance,
and then follow it up after about
10-15 days with an RTI
application seeking details of the
action taken on it.
Step 2 - Filing an RTI
application
Citizens normally take to the RTI
route after exhausting all other
avenues. The RTI journey begins
with filing an application. It is
filed under section 6(1) but you
don't have to mention this section.
Format
1. You can apply on a plain
paper or on a letter head in
English, Hindi or local
language.
2. You may also choose to
use the form designed by
us. Go to the Downloads
section.
3. The RTI Act says that you
can apply electronically
but you should ignore that
provision because there
are many practical
difficulties, least of all the
problem with paying the
fee.
Finding the right PIO
1. Visit the website of the
Public Authority for the
name, designation and
address of the correct PIO.
Look for "RTI" or "Right
to Information" link or
icon.
2. Also visit http://rti.gov.in.
Many central government
departments are listed on
this website.
3. Visit the official portal of
the state government and
the State Information
Commission. You may
find PIO details of many
departments there.
4. Visit the local office of the
concerned Public
Authority and try to obtain
PIO details.
5. If you can't find RTI link
on the website of the
concerned department,
learn to use Google's
advanced search facility.
This will unearth hidden
and deep-buried content
on the website. For
example, type the
following in Google's
search box:-"right to
information"
site:http://www.sitename.c
om OR, rti
site:http://www.sitename.c
om.
6. If there are multiple PIOs
in a department and you
are not sure who is the
right one, just send your
application to any one and
he will either collect and
provide you the
information himself or
forward it to the right PIO
under intimation to you.
7. In case the Public
Authority has not
appointed a PIO or you
are unable to find one in
spite of your best efforts,
prepare your application
addressed to the "Public
Information Officer".
Write a covering letter
addressed to the head of
the department, requesting
him to forward it to the
PIO. Address the envelope
to the head of the
department and send it by
Regd./Speed Post so that it
gets accepted at the other
end.
Fee
1. Your application must be
accompanied by fee. For
details of fee structure for
different States and the
Centre, please visit "Fees,
Rules, Commissions".
2. On the above page, you
will also find the mode of
payment for different
States and the Centre.
3. If you are paying by postal
order, make sure that you
write in your application
as follows - "I am leaving
the 'pay to' field blank.
Please fill it in yourself."
Submitting application
1. The easiest method of
submitting an application
is through Registered or
Speed Post accompanied
by Postal Order. Don't use
a courier because it is not
a legally acceptable proof
of delivery.
2. Second easiest method is
to submit it at a Post
Office and pay the fee in
cash. Many post offices
across the country act as
APIOs for most of the
central government Public
Authorities.
3. The last method is to go to
the offices of the Public
Authority and meet either
the PIO or the APIO and
deposit your application
along with the appropriate
fee either in cash or
through postal order.
Often, there is a desk or a
clerk deputed for the
purpose of receiving such
applications. Try to obtain
acknowledgment on the
photocopy of the
application as well as a
receipt for the fee.
Step 3 - PIO writes to you or
he does not reply at all
The PIO replies to you under
section 7(1). He may write to you
in a number of ways. He may
provide you the information,
provide you partial information,
reject your application on valid or
invalid grounds or ask for deposit
of further fee. Some of the key
scenarios are explained below.
Application transferred
1. If the transfer is justified,
simply wait for
information from the
transferee PIO.
2. If the transfer is not done
within 5 days, file a
complaint under section
18 with the Information
Commission.
Citizenship proof demanded
1. File another RTI
application before the
same PIO and request
information as to the
number of applications
received by him since he
became a PIO, the number
of cases in which he
demanded proof of
citizenship and the reasons
for demanding proof of
citizenship in each case.
2. Also file a complaint
under section 18 with the
Information Commission.
3. If the information is of
urgent nature, you may
submit proof of
citizenship but also lodge
complaint under section
18. To avoid
vindictiveness on the part
of the PIO, the RTI
application mentioned at
point 1 may be filed on
behalf of a friend.
No reply
1. If no reply is received
within 40 days, prefer first
appeal.
2. Also file a complaint
under section 18 with the
Information Commission.
Partial information supplied
1. If you are not satisfied, go
for first appeal.
2. If partial information is
supplied and fee is
demanded for the rest, you
can either pay or prefer an
appeal.
Demand for further fee
1. If the PIO demands
further fee, he has to
1. show complete
calculation as to
how he arrived at
this figure,
2. state that you have
the right to review
of fee,
3. advise you the
name, designation
and address of the
person before
whom you can
request a review,
and
4. tell you the process
and time frame for
review of the fee.
2. You should normally pay
fee within 15 days.
3. In case of any grievance,
you can prefer first appeal
against the fee or against
the reply itself.
Incorrect information supplied
1. Prefer first appeal.
Correct and comprehensive info
provided
1. Write a letter of thanks to
the PIO as a matter of
courtesy. You may also
need his service/assistance
later in life.
Step 4a - Preferring First
Appeal
First appeal is preferred under
section 19(1).
Important points to remember
1. Always give the benefit of
doubt to the PIO and wait
for extra 10 days to allow
for the transit time.
Governments work
slowly.
2. Write your preliminary
comments as well as para-
wise comments on the
reply of the PIO. That
makes it easier for the
Appellate Authority (AA)
to deal with your appeal.
Finding the right Appellate
Authority (AA)
1. If the PIO has sent you
any communication, he
may have included the
details of the first AA. He
is duty bound to include
this information if he has
rejected part or whole of
your request.
2. Or, visit the website of the
Public Authority for the
name, designation and
address of the correct AA.
3. Also visit http://rti.gov.in.
Many central government
departments are listed on
this website.
4. If there are multiple AAs
and you are not sure
which one is correct AA
for you, just send it to any
one. He will either deal
with your appeal himself
or forward it to the right
AA under intimation to
you.
5. In case you don't find any
AA at all, send the appeal
addressed to the "First
Appellate Authority" with
a covering letter addressed
to the PIO, telling him that
since he has not provided
the details of the AA, he
can forward it to the
correct AA.
Format
1. You can apply on a plain
paper or on a letter head in
English, Hindi or local
language.
2. You may also choose to
use the form designed by
us. Go to the Downloads
section.
3. You may email first
appeal together with
enclosures in scanned
format. Mark a copy to
rti@nyayabhoomi.org so
that there is a record that it
was actually sent. We
keep such a record
forever.
Suggested "Relief Sought"
1. The information sought be
provided immediately free
of cost.
2. Compensation be
provided for not supplying
me information within the
prescribed time limit.
3. Disciplinary action be
initiated against erring
officers for not complying
with the law.
Fee
1. There is no fee for first
appeal.
2. Many states have
prescribed a nominal fee
for first appeal. This is
illegal and should be
challenged in the
respective High Court.
Submitting appeal
1. The easiest method of
submitting an appeal is
through Registered or
Speed Post. Don't use a
courier because it is not a
legally acceptable proof of
delivery.
2. Or, go to the offices of the
Public Authority and
deposit it. Do obtain
acknowledgment on the
photocopy of the appeal.
Step 4b - Lodging
Complaint with the
Central/State Information
Commissioner
1. A cause may arise at any
point in the whole process
of using the RTI.
2. There is no prescribed
format for lodging a
complaint, but we strongly
recommend that you use
the template designed by
us. Go to the Downloads
section. This is similar to
the format for second
appeal but certain
unnecessary portions have
been discarded.
3. Follow all steps described
for preferring 2nd appeal,
subsequent hearing,
decision, etc.
Step 5 - Hearing in First
Appeal
1. Some AAs may call you
for a hearing, whilst many
other do not. If you do not
attend the hearing, a
decision will be given in
your absence on the basis
of documents/merit.
2. If you go for a hearing,
take all relevant
documents with you.
3. Do not come under
pressure to withdraw any
part of the application or
appeal.
4. Remember that AA is the
boss of the PIO and both
are likely to be well-
wishers of each other.
5. Try to avoid bringing your
grievance into the picture.
Focus on the technical and
legal points and the
information you have
sought. If, however, you
feel that the hearing is an
opportunity to get your
grievance resolved or get
justice, use the
opportunity. Remember
that the AA is a fairly
senior person in that
department and carries a
lot of influence who can
get your grievance
resolved.
6. If the information is
important but not urgent
and you feel that the PIO
has no vested interest in
the information, be kind to
him and allow him more
time.
7. Finally, what is important
is the "Decision" which
you may receive within 3
to 15 days.
Step 6 - Preferring Second
Appeal in Central/State
Information Commission
Second appeal is preferred under
section 19(3).
Format
1. Correct format is not
necessary but desirable.
Information Commissions
are known to reject a large
percentage of appeals due
to their non-conformity
with the format and
compliance to regulations.
2. We strongly recommend
that you use the template
designed by us. Go to the
Downloads section. All
the nonsense such as
verification, certificate,
double-spacing etc. are
incorporated.
3. Online filing of appeals is
still at a nascent stage. We
do not recommend it yet.
4. Copy of every annexure
attached to the original
copy should be self-
attested.
Drafting tips
1. Make all PIOs
Respondents. You may
also like to include AA as
a Respondent.
2. If there has been no
response from the PIO and
the AA, you must also
include proof of
dispatch/delivery of the
application/appeal.
Suggested "Relief Sought"
1. Complete and
comprehensive
information be provided to
the Appellant in one batch
free of cost immediately.
2. Compensation be
provided to the Appellant
u/s 19(8)(b) for not
supplying information
within the prescribed time
limit.
3. U/s 19(8)(b), the Public
Authority be ordered to
reimburse the Appellant
towards traveling and
lodging-boarding
expenses for attending the
hearing. Disciplinary
action be recommended
against the Respondent(s)
u/s 20(2).
4. Penalty be imposed on the
PIO u/s 20(1).
5. An entry in service
book/annual appraisal
report of the concerned
PIO & FAA be made for
defying the provisions of
the Act.
Where to send
1. For all central government
Public Authorities, send
your appeal to the Central
Information Commission.
For Public Authorities of
state govt., send it to
respective State
Information Commission.
Fee
1. No fee is payable.
How to submit
1. Send a copy to every
Respondent.
2. Send the original + copy
to the Information
Commission.
3. No fee is payable.
Step 7 - Pursuing
Information Commission
for Status
1. Almost all Information
Commissions are
inefficient and known to
lose your files -
sometimes even before
your appeal gets
registered.
2. Some Information
Commissions have the
facility to check the status
of your appeal online.
3. You may send reminders
through Registered or
Speed Post every 2-3
weeks.
4. If you are not getting any
response, file an RTI
application with the
Information Commission
and ask for the status of
your appeal.
5. Visit the Commission and
check with the officials.
6. Finally, sit on a dharna
outside the Information
Commission and shame
the officials into giving
you the status of your
appeal. In Delhi, we may
sit with you.
Step 8 - Hearing in Second
Appeal
1. In most cases, you will be
called for a hearing which
you must try to attend. If
you do not attend, a
decision will be given in
your absence on the basis
of documents/merit.
2. If you go for the hearing,
take all relevant
documents with you.
3. Some Information
Commissioners may try to
intimidate you. Don't be.
4. Try to avoid bringing your
grievance into the picture.
Focus on the technical and
legal points and the
information you have
sought.
5. If the information is
important but not urgent
and you feel that the PIO
has no vested interest in
the information and has
generally acted honestly
and diligently, be kind to
him and allow him more
time.
6. Finally, what is important
is the "Decision" which
you should receive within
7 to 30 days.
7. Some Information
Commissions post most of
their decisions on their
website. Keep checking
the website to see if your
decision has been posted.
Step 9 - If You do not Get
Information Even After
Commission's Order
You still don't get information
even after Commission's order
1. Wait for the number days
granted by the
Commission to the PIO +
10 days and then write a
complaint-letter to the
Commission. Seek
imposition of penalty and
disciplinary action against
the PIO.
2. If the Commission does
not respond within two
months, go to the High
Court of your state by way
of a writ.
Not satisfied with the
Commission's order
1. Ask for a review by
writing a detailed letter to
the Chief Information
Commissioner. Clarify
why you think a review is
necessary.
2. Or, go to the High Court
of your state.
3. Or, plan public/people's
action against the
Commission, especially if
the Information
Commission has been
clearly biased and rude
and has either threatened
or intimidated you.