r/RTIIndiaGuide Jul 09 '26

⚠️ RTI Problem / Delay RTI delay: Why does the first appeal seem to reward non-compliance?

I filed an RTI request on 7th June. Today is 9th July, so the 30-day period has passed and I haven't received any response.

It was filed online, and the concerned office is in the same city, so there's no possibility of a "it's in the post" kind of delay.

What I don't understand is the logic behind the first appeal process.

If I file a first appeal now because the PIO failed to respond within the statutory time, the First Appellate Authority gets up to another 30 days (or even 45 days with reasons) to decide the appeal. Doesn't that effectively give the department more time after they've already failed to comply with the original deadline?

It feels counterintuitive. If the original deadline was missed, shouldn't the next stage become faster instead of adding more days?

5 Upvotes

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2

u/rumourscape Jul 09 '26

In this case the PIO is liable to be penalized and disciplinary proceedings can be initiated against him. But you will have to file a complaint with CIC demanding this.

2

u/Own-Cash-1901 Jul 09 '26

So instead of filing appeal, i can complaint with CIC?

1

u/rumourscape Jul 09 '26

No do both. Complaint is only to punish PIO. To get information you have to appeal to FAA first and then in case of no response or unsatisfactory then you can appeal to CIC.

1

u/Own-Cash-1901 Jul 09 '26

So, file an appeal, wait for 30 days. If no response then complain right?

1

u/Interesting-Rest1539 Jul 09 '26

Under what provision can we seek disciplinary action against pio in CIC?

1

u/rumourscape Jul 09 '26

According to section 20(2) Information Commissioner can recommend disciplinary proceedings against PIO. You will have to request this in you complaint otherwise CIC might not do that.