How to make appeal or cmoplaint under RTI 2005 act?

Question

If PIO denied to provide document or provide false information under RTI 2005 act then what is the procedure to file complaint or appeal to appealet authority. Is any format for application and fee payble.
I also want to know that is this matter can be sent directly to Information commission?

Answer 1

Section18 (1)(e) of the THE RIGHT TO INFORMATION ACT, 2005 clearly Provides Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—who believes that he or she has been given incomplete, misleading or false information under this Act; Hence you can directly move any of these commissions against the act of the PIO & get the necessary relief there from.

Answer 2

Both the friends who answered before me are right. It is my practical experience that the Central Info Commission does not normally entertain Complaints u/s. 18 unless you have exhausted the Appeal process.
If you are dissatisfied with the reply (for whatever reason) given by the PIO you must file your first Appeal U/s.19(1) of the Act with the Appellate authority of the institution - who is usually the boss of the PIO. If you are further dissatisfied from the Appellate authorities response, you must file your second Appeal u/S.19(3) with the State Info Commission or Central Info Commission as the case may be. If it is with the CIC you need to submit 5 copies in the prescribed format which you can get from : cic.gov.in
Be cautioned that if your Appeal goes before Mr MM Ansari, he will most probably refuse the information and take the side of the bureaucrat PIO. In fact, most of the IC's do not follow any judicial procedures even though they are entrusted with judicial functions, and are quite biased towards the PIO's.
Secondly do not expect any speedy results from the Info Commissions, be it state or central.
If you are still aggrieved by the decision of the IC, you can file a Writ Petition at the High Court of your state. At the HC level, you can certainly expect justice, but it would be an expensive and long drawn out exercise by the time you get to that stage. Good luck. PS: Please purchase a copy of the RTI Act for your easy reference, it is better than reading the bareact on line. Updates and notifications in CIC rules are available on cic website.

Answer 3

Your grievance can be divided in to two parts. a) Denial of a document by PIO b) provided false information by PIO. In both the cases, a complaint can be made to Central information commissioner (with regard to central Govt. organisations) or State Information commissioner (with regard to State Govt. organisations) under Section 18 of RTI Act. He/She causes an enquiry on the matter and take appropriate decision whether the denial is justified and whether the PIO provided false information.

Yes, there is a minimum fee is payable for obtaining the information. If copies are to be taken or information is to be received in floppy /CDs, certain amount is prescribed which would be advised by the PIO in case he accedes you request for the information.

If you want any information, you have to approach the concerned PIO only. Information Commission does not directly deal with providing information. At the most, it may forward your request to the concerned authority if it falls in the hands of a good officer.

Answer 4

next action within 30 days of receipt of the reply from PIO to seek a reply from the appellate auth which is supposed to be provided by the PIO. if not provided ask the PIO or find it from internet.it is not advisable to approach CIC without exhausting the channel available. in any case CIC is fast becoming a death trap of all appeals under the able guidance of the bureaucrats packed commission. long live the RTI Act 2005. i can hear the death bell.