Right to Information (RTI)

Information held by a government office, a public sector bank, a regulator, a state university, or a municipal body is not their property — it belongs to the citizens of India. The Right to Information Act, 2005 turns that constitutional principle into a working tool. With a properly drafted application, a Public Information Officer must respond within 30 days, hand over files, allow inspection, or face personal penalty.

The catch is that most RTI applications never get a clean answer. They are rejected on vague exemption grounds, transferred between departments, or quietly ignored. The difference between receiving your file notings and getting a Section 8(1)(j) refusal often comes down to how the application is drafted, which PIO is addressed, and whether the appeal route is pursued with rigour.

At a Glance

• Who needs it: Citizens, journalists, businesses in dispute with a public authority, complainants, pensioners, whistleblowers, RTI activists, and litigants gathering evidence.
• Governing law: Right to Information Act, 2005, read with state-level RTI rules and the relevant public authority's own RTI manual under Section 4.
• Bodies covered: Central and state government departments, PSUs, regulators, courts on the administrative side, universities, panchayats, and substantially financed NGOs.
• PIO response window: 30 days from receipt; 48 hours where the information concerns the life or liberty of a person.
• First appeal: 30 days from PIO response or expiry of the 30-day window, filed before the departmental First Appellate Authority (FAA).
• Second appeal: 90 days from FAA order or expiry, filed before the Central Information Commission (CIC) or the relevant State Information Commission (SIC).
• Penalty on PIO: Up to ₹25,000 under Section 20 for unjustified refusal, delay, or malafide denial, plus compensation to the applicant under Section 19(8)(b).

What's New for FY 2026-27

RTI practice has shifted meaningfully in the last two years. Three changes are worth knowing before you file.

• DPDP Act intersection: The Digital Personal Data Protection Act, 2023 is now operational, and PIOs are reading Section 8(1)(j) of the RTI Act alongside it. Information involving identifiable individuals attracts tighter scrutiny, and counter-pleading needs to address both statutes.
• Mature online filing: rtionline.gov.in covers every central ministry and most central public authorities. State portals in Maharashtra, Delhi, Karnataka, Tamil Nadu, and Gujarat are stable. Postal filing is still allowed but online is faster and trackable.
• Video hearings default at CIC: Most second appeals are now heard over video conference, removing travel cost and speeding up disposal. The applicant can attend from anywhere in India.
• File notings firmly disclosable: 2024-25 jurisprudence from the Supreme Court and several High Courts has reaffirmed that file notings are part of the record and disclosable unless they fall within enumerated Section 8 exemptions.
• Backlog reality: Average wait for a CIC second appeal hearing has stretched to 18-24 months in busy commissions. Strategic advocacy at the FAA stage matters more than ever — winning there saves a year.

Why Strategic RTI Drafting Matters

An RTI application is not a letter — it is a legal instrument. The difference between disclosure and refusal is usually written into the application itself.

• Vague requests get rejected: "Send me all files related to my case" attracts a Section 7(9) refusal on the ground of disproportionate diversion of resources. Specific date ranges, file numbers, and document references get answered.
• Wrong PIO costs months: Every public authority has many PIOs across departments. Filing with the wrong one means transfer under Section 6(3) and the 30-day clock restarts. Correct PIO identification is half the battle.
• Section 8 exemptions are over-claimed: Most PIOs default to 8(1)(j) personal information, 8(1)(e) fiduciary relationship, or 8(1)(h) impeding investigation as blanket refusals. Counter-pleading with judicial precedents is what turns refusal into disclosure.
• Public-interest override is never volunteered: Section 8(2) allows disclosure where public interest outweighs the protected harm. It must be specifically pleaded with reasons — PIOs will not apply it on their own.
• File inspection beats copies: Where the record is bulky, Section 2(j)(i) inspection at the office is faster and cheaper than asking for photocopies. The choice should be made in the application itself.
• Identity strategy matters: Journalists, complainants, and competitors can file through authorised representatives where exposing the requester might invite retaliation. The application must be drafted accordingly.

How It Actually Works

Our engagement runs from information mapping through to High Court writ if needed. Most matters resolve at one of the first three stages.

Step 1: Information Mapping (1-2 days)

We sit with you to define exactly what you need, which public authority holds it, and how to frame the request. A pension file is held by the Pay & Accounts Office, not the parent ministry. A municipal contract is held by the ward office, not the commissioner. Mapping this correctly is what gives you a usable answer in 30 days instead of a transfer order.

Step 2: PIO Identification and Application Drafting (1-2 days)

Every public authority publishes a PIO list under Section 4 — but it is often outdated. We confirm the current PIO by phone or by checking recent disposal orders, then draft an application that is specific, time-bound, and document-anchored. The application invokes Section 6, lists each document sought, and pre-empts likely exemption grounds.

Step 3: Filing and Acknowledgement

For Central authorities we file online at rtionline.gov.in with the ₹10 fee. For State authorities we use the relevant state portal or physical filing with postal proof. The acknowledgement is preserved carefully because the 30-day statutory clock runs from the date of receipt.

Step 4: Response Review and First Appeal (within 30 days of response)

If the response is partial, evasive, or an outright refusal, we file the first appeal to the departmental First Appellate Authority within 30 days. The appeal contains point-by-point rebuttals to each ground of refusal, cites CIC and High Court precedents, and pleads the public-interest override where applicable. FAA hearings usually happen within 30-45 days.

Step 5: Second Appeal to CIC or SIC (within 90 days)

Where the FAA upholds the refusal or fails to act, the second appeal goes to the Central Information Commission for Central authorities or the State Information Commission for State authorities. We draft the appeal, attach the full correspondence trail, attend the video hearing, and pursue a Section 20 penalty against the defaulting PIO where merit warrants.

Step 6: Compliance, Penalty, or Writ

If the Commission orders disclosure, we follow up to ensure compliance and report any breach back to the Commission. If the Commission errs on the law or fails to direct disclosure, we move the High Court under Article 226. Compensation under Section 19(8)(b) is pursued where the requester has suffered demonstrable loss.

A Real Example: Wrong Pension Computation

A retired central government employee found that his pension had been wrongly computed for three years. The pension office stopped responding to representations. We filed three parallel RTIs to break the deadlock.

• RTI 1: To the Pay & Accounts Office for the original pension computation file, with date range and file number.
• RTI 2: To the Department for the rules and circulars governing pension revision in that grade.
• RTI 3: To the Central Pension Accounting Office for the actual disbursement records and any internal correspondence.

The Pay & Accounts Office gave the pension file showing a computation error. The Department transferred its RTI to four sub-offices; one finally responded with the rules. CPAO refused under Section 8(1)(j) — we filed a first appeal pointing out that the requester's own disbursement record cannot be his own "personal information." The FAA ordered disclosure within 15 days. With the file and rules in hand, the pensioner moved the Central Administrative Tribunal for arrears of ₹4.7 lakh and won. Total RTI cost: ₹40 in application fees and four months of careful follow-through.

The Three-Tier Appeal System

Most applicants stop after the first refusal. That is exactly where the system is designed to be tested. Each tier raises both the cost to the PIO and the seriousness of the proceeding.

• PIO response (30 days): The first and easiest win. Most well-drafted RTIs are answered here. A response or refusal is required within the statutory window.
• First Appellate Authority: A senior officer of the same public authority designated as FAA. Hearings usually happen within 30-45 days of filing. Many wrong refusals are reversed here without ever reaching the Commission.
• Central or State Information Commission: An independent quasi-judicial body with power to impose penalty up to ₹25,000 under Section 20, order disclosure with deadlines, and award compensation. Video hearings are now standard.
• High Court Writ: Article 226 jurisdiction where the Commission's order is bad in law or non-compliance persists. Used sparingly because courts respect Commission orders, but available where rights are denied.

Section 20 penalty is personal to the PIO — it comes out of the officer's salary, not the department's budget. This is why a credible second appeal often produces compliance even before the hearing is held.

Where RTI Goes Wrong

Most failed RTIs share the same handful of mistakes. Avoiding them is largely a drafting exercise.

• Asking questions instead of seeking documents: RTI is for records, not opinions. "Why was my application rejected?" gets refused. "Provide me the file noting and order rejecting application number X dated Y" succeeds.
• Missing the appeal limitation: 30 days for FAA, 90 days for CIC or SIC. Miss either and the right to appeal is forfeit unless the Commission condones the delay, which it does reluctantly.
• Single application for a multi-department issue: A request that spans pension, audit, and disbursement needs three RTIs to three PIOs, not one master application that will be transferred indefinitely.
• Vague public-interest pleading: Saying "it is in public interest" is not enough. The specific public good served — accountability, exposure of misuse, citizen oversight — must be spelled out.
• Ignoring the fee intimation: PIOs often issue a fee notice under Section 7(3) for photocopy or inspection charges. Failure to deposit within the time mentioned closes the file. The deposit must be tracked actively.
• Withdrawing too early: Many applicants settle for partial information. If file notings, internal correspondence, or expenditure records are missing, the matter should be pushed to second appeal.
• Treating Section 8 refusals as final: Almost every Section 8 exemption is capable of being overridden by Section 8(2) on public-interest grounds. The override must be raised with specific reasoning, not as a slogan.

What You Receive at the End

• Drafted RTI application or applications ready for filing, with each document specifically described and the relevant statutory clauses invoked
• Online portal filing and payment confirmation, or postal filing with proof of dispatch where the public authority does not accept online
• Acknowledgement copy with the 30-day deadline noted and calendared
• Response review and exemption analysis pointing out which refusals are legally weak and worth appealing
• First appeal drafted and filed before the FAA with precedents and public-interest plea
• Second appeal pleadings and CIC or SIC representation at video hearings
• File inspection coordination where bulky records are sought
• Penalty and compensation prayer drafted where the facts merit personal liability of the PIO

How to Get Started

Begin with a free 15-minute consultation. Share the underlying issue — a disputed pension, a contested municipal work, a suspected procurement irregularity, a complaint against a public servant, or any matter where a public authority holds the answer. We map the information landscape, identify the right PIO, and draft the application within two working days.

If you have already filed an RTI and received a refusal or non-response, we take over from where you are. Send us the application copy, the response (or proof of non-response), and any earlier appeal papers. We review the file, identify the strongest grounds, and file the first or second appeal within the statutory limitation.