Under the Right to Information Act, 2005, citizens have the right to seek information from public authorities. If the concerned officers fail to perform their duties properly, a complaint can be filed before the Information Commission.
The officers mainly responsible for handling RTI matters are the Public Information Officer (PIO) and the First Appellate Authority (FAA).
Who is a PIO?
A Public Information Officer (PIO) is the officer designated in a government department to receive and process RTI applications and provide the requested information to applicants.
Who is a FAA?
The First Appellate Authority (FAA) is a senior officer in the same department who reviews appeals filed when an applicant is not satisfied with the response of the PIO.
When Can a Complaint Be Filed?
A complaint may be filed before the Central Information Commission or the State Information Commission in the following situations:
- No Public Information Officer Appointed
If the public authority has not appointed a PIO to receive RTI applications. - RTI Application Not Accepted
If the PIO refuses to accept the RTI application. - No Response to the RTI Application
If no reply is received within the prescribed time limit. - Unreasonable Fees Demanded
If the PIO demands excessive or unjustified fees for providing information. - Incomplete or Misleading Information
If the information provided is false, incomplete, or misleading. - Obstruction in Filing Appeal
If the applicant faces difficulty in submitting a First Appeal.
Why is a Complaint Filed?
A complaint is filed to ensure that public authorities follow the provisions of the Right to Information Act, 2005 and provide information in a fair and transparent manner.
The Information Commission has the authority to examine such complaints and may take appropriate action against the concerned officials if any violation of the RTI Act is found.
Important Note
A complaint is different from an appeal.
- Appeal is filed when the applicant is dissatisfied with the response received.
- Complaint is filed when there is a procedural violation or denial of the right to file or pursue an RTI request.
Conclusion
The complaint mechanism under the Right to Information Act, 2005 plays an important role in protecting the rights of citizens and ensuring that public authorities remain accountable and transparent.
