How to Address the Delay in RTI Second Appeal Response
Have you ever faced a situation where the response to your second appeal under the RTI Act 2005 has been delayed, leaving you unanswered? This article provides a detailed guide on what steps you can take to ensure your appeal receives the attention it deserves. We will also explore the legal and practical avenues available to you.
Understanding the RTI Second Appeal Process
The Right to Information (RTI) Act 2005 of India provides a mechanism for citizens to seek information from public authorities. When an initial appeal against a denial of information is rejected, a second appeal can be lodged. However, the law does not mandate a specific time limit for responding to a second appeal. This can sometimes lead to delays, especially if there is no action taken by the Public Information Officer (PIO) or the State Commission.
What to Do When the Second Appeal Response is Delayed
If your second appeal remains unanswered beyond the expected timeframe, here are the steps you can take:
Step 1: Wait and Observe
It is advisable to wait for at least ten days for a response. During this period, monitor if any communication is received from the PIO. If there is no response, proceed to the next step.
Step 2: Escalate to the District Forum
After ten days of waiting, you can lodge a complaint with the District Forum (DF) or the Appellate Forum (AF), commonly known as the District Appellate Forum (DAF). The complaint should be based on the PIO's disobedience of lawful orders issued by the superior and non-performance of statutory obligations. Mention the copy of the second appeal filed with the State Commission.
Example: 'The Public Information Officer has failed to comply with the lawful orders issued by the District Forum, resulting in a failure to perform statutory obligations. Despite a reminder, no response has been received.'
Step 3: Report to the Central Information Commission (CIC)
Once the complaint is filed with the District Forum, await their response. If there is no satisfactory response within a reasonable time, you can escalate the matter to the Central Information Commission (CIC). This body has the authority to impose fines on public authorities that do not comply with lawful orders. The CIC can also direct the PIO to the file the second appeal within a specified timeframe.
Step 4: Consider Filing a Complaint with the State Commission
Alternatively, you can directly approach the State Commission with a request for an early hearing. Highlight the urgency of the matter and provide any relevant documentation.
Example: 'This matter is of critical importance to the petitioner as it relates to the right to public information. I request a prompt hearing to ensure compliance with the law and respect for the citizens' rights.'
Legal and Practical Insights
While these steps are based on practical experiences, it is important to note that there are no set timelines for the disposal of second appeals under the RTI Act 2005. However, public authorities are expected to act in a timely and efficient manner.
Additionally, if your second appeal is pending at the State Commission, you can file a complaint with the Central Information Commission (CIC) explaining the urgency for a prompt hearing. If the State Commission fails to provide a query or response, you can again escalate the matter to the CIC.
Example: 'Despite multiple appeals and reminders, there has been no response from the State Commission. This non-action is causing significant delay and violating the rights of the petitioner. I request a prompt response from the CIC.'
Conclusion
When dealing with the delay in RTI second appeal responses, it is essential to remain patient and methodical. By following the outlined steps, you can ensure that your complaint is appropriately escalated and your rights under the RTI Act are respected.
Note: Always keep copies of all correspondence and maintain a record of the dates of your appeals and any communications received. This will be beneficial for any further proceedings or appeals.