Understanding Complaints Under the RTI Act, 2005

The Right to Information (RTI) Act, 2005, empowers citizens to access information held by public authorities. The Act lays down a process for requesting information and mechanisms for redressal if information is not provided or is unsatisfactory. This includes provisions for filing complaints and appeals with the Central Information Commission (CIC) or State Information Commission (SIC).

RTI Process Overview

Typically, the process involves:

1. Submitting an application for information to the Public Information Officer (PIO), which could be a Central Public Information Officer (CPIO) or a State Public Information Officer (SPIO).
2. If dissatisfied with the PIO's response (or lack thereof), filing a first appeal with the First Appellate Authority within the same public authority.
3. If still dissatisfied with the First Appellate Authority's decision (or lack thereof), filing a second appeal with the Central Information Commission (CIC) or State Information Commission (SIC).

In addition to the appeal route, the Act also allows for filing a direct complaint with the CIC or SIC under certain specific circumstances outlined in Section 18 of the Act.

Analyzing Complaint Eligibility for CIC/SIC

Section 18 of the RTI Act, 2005, empowers the Central Information Commission and State Information Commission to inquire into complaints received from any person on specified grounds. Let's examine the given options in light of these provisions:

• Option 1: Who has been refused access to any information related under this act.

  Section 18(1)(a) allows a person to complain if they have been refused access to any information requested under the Act. This is a valid ground for complaint to the CIC or SIC.

• Option 2: Who has been required to pay an amount of fee which s/he considers unreasonable.

  Section 18(1)(c) allows a person to complain if they have been required to pay an amount of fee which they consider unreasonable. This is also a valid ground for complaint to the CIC or SIC.

• Option 3: Who approaches directly to CIS or SIC without approaching CPIO or SPIO as the case may be.

  The standard procedure for seeking information is to first approach the designated Public Information Officer (CPIO or SPIO). Most of the grounds for complaint listed in Section 18 (like refusal, fees, delay, incomplete information) arise *after* a request has been made to the CPIO/SPIO and processed (or not processed) by them and potentially the First Appellate Authority. While Section 18 does cover certain scenarios like a public authority not having a CPIO/SPIO, a person who has *not* approached the CPIO or SPIO for information access cannot typically file a complaint with the CIC or SIC regarding issues like refusal, fees, or incomplete information, as these issues stem from the process initiated with the CPIO/SPIO. The CIC/SIC's complaint jurisdiction under Section 18 primarily deals with issues arising from the implementation and procedural aspects *after* the request is initiated at the PIO level or when the public authority fails in its duties regarding the PIO. Therefore, a person bypassing the CPIO/SPIO for a typical information access issue generally cannot submit a complaint to the CIC or SIC on those grounds.

• Option 4: Who believes that s/he has been given incomplete, misleading or false information under this Act.

  Section 18(1)(d) allows a person to complain if they believe they have been given incomplete, misleading, or false information. This is a valid ground for complaint to the CIC or SIC, arising after receiving a response from the CPIO/SPIO.

Based on the analysis of the typical process and the grounds for complaint under Section 18, a person who has not initiated their information request through the designated CPIO or SPIO generally does not have valid grounds for a complaint with the CIC or SIC concerning issues like access, refusal, fees, or quality of information provided, because these issues haven't arisen in the manner prescribed by the Act's procedure.

Conclusion on RTI Complaint Eligibility

The person who approaches the Central Information Commission (CIC) or State Information Commission (SIC) directly without first approaching the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) for the requested information, typically cannot submit a complaint to the CIC or SIC on the grounds related to processing of an information request, as the initial procedural step mandated by the RTI Act, 2005 has been skipped. Complaints under Section 18 usually address failures in the process initiated with the CPIO/SPIO or the public authority's failure to establish the necessary framework.

Revision Table: RTI Act Key Roles

Additional Information: Types of Redressal under RTI Act, 2005

The RTI Act, 2005, provides two main avenues for redressal with the Information Commissions (CIC/SIC):

• Appeals: This is the hierarchical route. If a person is dissatisfied with the PIO's response, they file a first appeal. If still dissatisfied with the First Appellate Authority's decision, they file a second appeal with the appropriate Information Commission (CIC or SIC). Appeals primarily challenge the decision made regarding the information request itself.
• Complaints: Section 18 allows a person to file a direct complaint with the Information Commission on specific grounds related to the functioning of the public authority or its PIO in handling RTI matters. These grounds include failure to accept an application, refusal of information (even without a formal request acceptance), demanding unreasonable fees, providing incomplete/false/misleading information, or any other matter relating to requesting or obtaining access where procedural issues are involved, or the public authority fails to comply with obligations under the Act (like appointing a PIO). However, these complaints usually pertain to issues arising *from* or *related to* the RTI process initiated or required by the Act, which typically involves interacting with the CPIO/SPIO.

Therefore, while direct complaints are possible for certain procedural issues, a complaint regarding the handling of a specific information request (refusal, fees, etc.) usually requires the initial steps involving the CPIO/SPIO to have been attempted.