Appellate Authority under the Right to Information Act, 2005
Part V – First Appellate Authorities
Under the Right to Information Act, 2005, the Public Information Officer (PIO) of a public authority is legally obligated to furnish accurate, complete, and timely information to any individual who seeks it. However, circumstances may arise where the PIO fails to comply with the provisions of the Act, delays the response, or issues a decision that does not satisfy the applicant. To address such situations, the Act provides a structured appellate mechanism consisting of two levels of appeal.
Appellate Framework
The first appeal is internal to the public authority and is submitted to an officer designated as the First Appellate Authority (FAA). This authority is always an official holding a position senior to that of the Public Information Officer. If the applicant remains dissatisfied after the first appeal, a second appeal may be filed before the appropriate Information Commission. The procedures governing appeals before the Central Information Commission are prescribed under the Central Information Commission (Appeal Procedure) Rules, 2005.
First Appeal: Grounds and Eligibility
An applicant is entitled to file a first appeal if:
- The requested information is not supplied within the statutory time limit;
- No decision regarding rejection of the request is communicated;
- No intimation regarding payment of additional fees is received within the prescribed period; or
- The applicant is aggrieved by the nature of the information supplied or the amount of fee determined by the PIO.
In such cases, the appeal may be submitted to the First Appellate Authority for redressal.
Appeals by Third Parties
A third party whose information is proposed to be disclosed by the PIO may also file an appeal if dissatisfied with the PIO’s decision. Such an appeal must be lodged within thirty days from the date on which the third party receives notice of the intended disclosure. If the third party is not satisfied with the outcome of the first appeal, it may further approach the Information Commission through a second appeal.
Disposal of Appeals
The function of deciding appeals under the RTI Act is quasi-judicial in nature. Accordingly, the First Appellate Authority must ensure that fairness, transparency, and impartiality are upheld. The decision should be communicated through a reasoned and speaking order, clearly explaining the rationale behind the conclusion reached.
Where the appellate authority determines that additional information ought to be provided to the appellant, it may:
- Direct the Public Information Officer to supply the required information promptly; or
- Preferably, furnish the information directly to the appellant along with the appellate order.
If the PIO fails to comply with the directions issued by the appellate authority, and higher-level intervention is deemed necessary, the appellate authority should report the matter to the competent senior officer within the public authority. Such officer is expected to initiate appropriate action to ensure effective implementation of the RTI Act.
Time Limit for Disposal of First Appeal
The First Appellate Authority is required to dispose of an appeal within 30 days from the date of receipt. In exceptional circumstances, this period may be extended up to 45 days. However, any delay beyond the initial 30-day period must be formally justified and recorded in writing by the appellate authority.
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Chief Justice of India is a public authority under the Right to Information Act: SC
Public Authority Under The Right to Information Act, 2005
