Many citizens face challenges when their RTI applications don’t receive satisfactory responses. Sometimes, after filing an initial RTI and not getting the desired information or a proper reply, applicants are unsure about their next steps. A common question that arises is whether they can approach multiple information commissions if their initial appeal is rejected. This case sheds light on a crucial aspect of the RTI process: the exclusivity of second appeals. Understanding this can save you time and effort in your RTI journey.
Background: What Information Was Sought
In this particular RTI case, an applicant had filed an application with the Punjab and Haryana High Court. The core of his request was to know the action taken on a complaint he had lodged with the Chief Justice of the Punjab and Haryana High Court concerning one of the judges. He was seeking transparency regarding the internal workings of the judiciary concerning a specific complaint he had made.
How the Public Authority Responded
The specifics of the initial response from the Public Authority (Punjab and Haryana High Court) are not detailed in the provided summary. However, the case hinges on the subsequent actions taken appellant after the initial RTI response was deemed unsatisfactory. The appellant proceeded to file a second appeal, not directly with the Central Information Commission (CIC), but with the Punjab State Information Commission (SIC).
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the representative from the public authority argued that the appellant had already exhausted his available remedies a second appeal with the Punjab State Information Commission (SIC). Therefore, they contended, the appellant could not raise the exact same issue again before the CIC. The appellant, for his part, admitted that he had indeed taken the matter in second appeal before the Punjab State Information Commission, and that this appeal had been rejected SIC.
The CIC Order and Its Significance
The Central Information Commission (CIC) agreed with the submission made public authority. The Commission ruled that if an appellant has already filed a second appeal before one Information Commission (in this case, the SIC), they cannot then file the same matter as a second appeal before another Commission (the CIC). This establishes a clear principle regarding the finality of second appeals. Furthermore, the CIC noted a relevant legal development: the Supreme Court had previously stayed an order of the CIC that directed the disclosure of similar information related to judicial proceedings. This stay order was still in effect. The Supreme Court had also referred the broader question of whether information concerning Collegium proceedings and complaints against judges should be disclosed under the RTI Act to a larger bench for a definitive ruling. Consequently, due to these ongoing legal complexities and the existing stay, the CIC concluded that the information could not be provided to the appellant in this instance.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Appellate Hierarchy: The RTI Act outlines a clear appellate process. After an initial application, if you are unsatisfied with the response, you can file a First Appeal with the senior officer of the Public Authority. If the First Appeal is also unsatisfactory, you can then file a Second Appeal with the relevant Information Commission (State Information Commission for state-level public authorities, and Central Information Commission for central-level public authorities). You cannot file parallel second appeals with multiple commissions for the same request.
- Lesson 2: Finality of Second Appeals: Once a Second Appeal is decided Information Commission, that decision is generally considered final. You cannot re-litigate the same issue before another Information Commission. Ensure you are filing your second appeal with the correct commission based on the Public Authority you are seeking information from.
- Lesson 3: Be Aware of Legal Stays and Pending Decisions: Sometimes, the disclosure of certain types of information might be stayed courts or be subject to ongoing legal interpretation. The CIC, in this case, acknowledged the Supreme Court’s stay and pending decision on the disclosure of information related to judicial complaints. This means that even if the RTI process is followed correctly, information might not be disclosed if there are overriding legal restrictions.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or public body holds the information you seek. For matters concerning a High Court, the Central Information Commission is usually the appropriate body for a second appeal after the first appeal to the High Court’s designated appellate authority.
- File Your Initial RTI Application: Clearly state the information you require. Be specific and factual.
- File Your First Appeal: If you are unsatisfied with the response to your initial RTI, file a First Appeal with the designated Appellate Authority within the same Public Authority, usually a senior officer.
- File Your Second Appeal with the Correct Information Commission: If your First Appeal is also unsatisfactory, file a Second Appeal with the appropriate Information Commission (State or Central) within 90 days of receiving the First Appeal decision or the expiry of the time limit for the First Appeal. Ensure you have not already filed a second appeal for the same matter with another Commission.
Sample RTI question you can use:
Please provide details of the action taken on my complaint dated [Date of Complaint] filed with the Chief Justice of [Name of High Court] against [Details of Judge, if known and relevant]. Please also provide copies of any correspondence or reports generated as a result of this complaint.
Conclusion
This case serves as a vital reminder for all RTI applicants about the structured appellate process under the RTI Act. Filing a second appeal with the correct Information Commission is crucial, and attempting to appeal the same matter with multiple commissions can lead to the dismissal of your request. Always ensure you understand the hierarchy of appeals and the jurisdiction of each Information Commission. the correct procedure, you can effectively utilize the RTI Act to seek information and promote transparency.
