what is Right to Information Act-2005?

Right to Information Act-2005(RTI Act-2005) is a fundamental right of all Indian citizens. As per RTI Act, any citizen of India may request information from a government office(central government or state government). Concerned government office(central government or state government) has to be provided information as earliest as possible or within 30 days. In case of threat to life and liberty of a RTI applicant, can seek information within 48 hours from a concerned government office.

What is the importance of Right To Information Act-2005 in India?

You need to read my previous blog ”what is a grievance” which will make it easier for you to understand the importance of Right To Information Act-2005.
When we have all the concerned grievance redressal cell, administration, police and legal authorities to solve all our problems. Then why we need Right To Information Act-2005. The need of Right To Information Act-2005, clearly prove that government system is totally affected by the corruption. Most of its representative and official are responsible for this. 

80% of our grievances can be easily solved by the first step of RTI Act-2005, generally we all have this type of grievances in our life. Rest of 20% grievances, can take long time as compared to above. In this condition, we need to follow all three steps of RTI Act-2005 to get the true information of our grievances. Before going to learn all three steps, it’s important to read basics information.

If government officials are not resolving your grievance deliberately, after your continuous written complaints. then you have right to use Right to Information Act-2005 to know the actual status of your grievance. Most of government officials know that few people use the RTI Act-2005, that’s why they harass the complainant. when complainant uses Right To Information Act-2005 in same office about his grievance, then respondent always try to resolve his grievance on priority basis. In some cases, complainant need to follow all three steps of Right To Information Act-2005 to get the true information of his grievance.

How to use Right To Information Act-2005?

You can use Right To Information Act-2005 by offline and online both. You can choose any option as per your choice. 

Offline procedure-whenever we need Information under The Right To Information Act-2005 from any government office, we have to enclose a demand draft or bankers cheque or postal order of ten rupees, payable to the Account Officer of the concerned government office as fee prescribed for seeking information. Payment of ten rupees fees can be also be paid by cash to Account officer of concerned government office directly.

After obtaining ten rupees RTI Receipt by cash payment to Account officer of concerned government office, you have to enclose this RTI Receipt along with your application addressed to PIO or CPIO of concerned government office.

If you are paying the fees by postal order or bank cheque or demand draft, then you have to enclose it with your RTI application addressed to PIO or CPIO of concerned government office. You can request to PIO or CPIO in RTI application to issue a ten rupees RTI receipt and provide you information as per RTI Act-2005. 

After completing your RTI application with requested list of information and mentioning the postal order or bank cheque or demand draft number on it, you have to attach it with RTI application. You have to sign your RTI application. You should write your address, mobile number and email properly for future reference. After that you should send it to CPIO or PIO of concerned government office by speed post or registered post of India Post. Don’t send it to with private courier. Keep speed post or registered post Receipt safe for future reference. If you are enclosing Ten rupees RTI receipt by cash payment to Account officer of concerned government office directly, then you don’t need to enclose ten rupees postal order or bank cheque or demand draft with RTI application. In this case, you have to enclose ten rupees RTI receipt with your RTI application and rest of procedure are same. 

After this, you have to wait for the reply of the CPIO or PIO. Usually the CPIO or PIO reply within 20-25 days. CPIO or PIO have to reply within 30days. If CPIO or PIO do not reply your request within 30-45 days, then you can file first appeal to FAA(First Appellate Authority) of concerned government office. If CPIO or PIO respond to your RTI application, if you do not agree with the reply of CPIO or PIO, then within 30 days of receiving the reply from CPIO or PIO, you will have to file a first appeal to the FAA of concerned government office. You have to write all misleading information of CPIO or PIO in your first appeal to FAA(First Appellate Authority). You have to enclose photocopy of all the documents like CPIO or PIO letter, your letter to CPIO or PIO and all the enclosed documents of it. You have to sign on the bottom of every photocopy and enclose it with your first appeal. Now you have to send first appeal by speed post of India Post. Note- you should write ”Right To Information Act-2005” in front envelope.

Now you have to wait for the reply of FAA. If first AA respond your first appeal, if you are not satisfied with the decision of FAA, then you can file second Appeal in CIC or SIC. After the scrutiny of your second appeal in concerned commission, if your appeal found relevant then you will get diary number or a unique number to track your hearing status in commission.

If FAA do not reply within 45 days, you can file second appeal in CIC or SIC. here the meaning of CIC is Central Information Commission. All public sector undertaking, all center government offices and union territory are under the jurisdiction of CIC. 

Full form of SIC is State Information commission, if you belong to Uttarakhand then Uttarakhand Information Commission is your SIC. First two step is same in all government office under the jurisdiction of CIC or SIC as per RTI Act-2005, first you have to write to CPIO or PIO of concerned government office, second  step is FAA of concerned government office. But on third step, you need to file your second appeal, as per jurisdiction of your concerned government office. If your concerned government office are under the jurisdiction of CIC then you need to file your second appeal in CIC. If your concerned govt office are under jurisdiction of state Information commission then you have to file your second appeal in SIC like Uttarakhand Information Commission.

Online Procedure to submit RTI application and First Appeal.

You can submit your RTI application request and First Appeal online, if concerned government office are listed in online portal of RTI.

For filing RTI application request and First Appeal online under jurisdiction of CIC, you need to visit Central Information Commission(CIC) website and search the RTI portal to submit online RTI application and first appeal.  When you find the external link of this RTI portal in menu of Central Information Commission’s website, after visiting this RTI portal, you need to sign up on this portal. after that you can submit RTI application request and First Appeal step by step. 

At the time of submitting online RTI request, you should deselect BPL option and pay Ten rupees as fee for seeking information, only BPL(Below poverty line) RTI applicant can select this option and upload BPL certificate to get free information and proceed to file RTI request. All the steps are very easy, only you need to upload self attested scan documents in first appeal. 

For filling second appeal and complaint in CIC online. You can find ”Appeal and Complaint” option in Home page of CIC, you can follow all steps and submit online appeal accordingly. 

For filing RTI request and first appeal online under jurisdiction of State Information commission(SIC). you can find the external link of all state information commission from menu of CIC website, after clicking your state Information commission, you will reach the concerned SIC. if you will click on Bihar Information Commission then you will reach in Bihar Information Commission website. Now you can check external link of RTI portal in Bihar Information Commission. if there is not any online RTI portal in concerned Information commission’s website then you can submit your RTI request and first appeal offline.

 
For filing second appeal and complaint in SIC online. You can check the Appeal and complaint option on home page of state Information commission. If there is online facility to file second Appeal and complaint, you can use it step by step easily. Otherwise you can file your second appeal or complaint offline. 

Note- you should timely update yourself by new updates and links of a website of commission in the future.