Grounds for Appeal & Rejection of RTIs

Grounds for Appeal & Rejection

The right to information is meant to empower the people with specific and useful information which helps them increase the level of accountability in the administrative system. But is there any scope for appeal if an applicant is not satisfied with the reply provided or if the answer is not the closure the applicant is looking for? Here’s more on that.

1. If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the Public Information Officer. Such an appeal should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the Public Information Officer is received. The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal.

2. If the first appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.

Certain intelligence and security organisations specified in the Second Schedule, are exempted from providing information excepting the information pertaining to the allegations of corruption and human rights violations.

The List of 22 exempted organizations is given below:

• Intelligence Bureau, Ministry of Home Affairs
• Directorate of Revenue Intelligence, Ministry of Finance
• Central Economic Intelligence Bureau, Ministry of Finance
• Directorate of Enforcement, Ministry of Finance
• Narcotics Control Bureau
• Aviation Research Centre
• Special Frontier Force
• Border Security Force, Ministry of Home Affairs
• Central Reserve Police Force, Ministry of Home Affairs
• Indo-Tibetan Border Police, Ministry of Home Affairs
• Central Industrial Security Force, Ministry of Home Affairs
• National Security Guard, Ministry of Home Affairs
• Research & Analysis Wing of The Cabinet Secretariat
• Assam Rifles, Ministry of Home Affairs
• Sashastra Seema Bal, Ministry of Home Affairs
• Special Protection Group
• Defence Research and Development Organisation, Ministry of Defence
• Border Road Development Organisation
• Financial Intelligence Unit, India
• Directorate General Income Tax (Investigation)
• National Technical Research Organisation
• National Security Council Secretariat