How to File RTI? RTI Filing Process

RTI Filing Procedure
Source :- www.getup4change.org
RTI can be filed in any Govt. Department or any Govt. aided institution. A citizen can demand any public record, or photocopy of the record.

1. Find out the PIO (Public Information Officer) detail from the website of the organization.

2. Write a simple application addressed to the PIO and state clearly your questions.

3. RTI – Fees Rs.10

(a) Attach an IPO (Indian Postal Order) or DD (Demand Draft) of Rs.10 along with the application or pay the cash amount of Rs.10 in treasury and get challan (receipt).
The method of payment differs from state to state so add this link there: http://www.indg.in/right-to-information/process-to-get-information-under-rti-act/view?set_language=en

(b) If you had asked for any photocopies of documents, they will calculate the fee and demand it from u.
You cannot send extra amount - they won't accept it and your RTI application will be rejected.

So it’s better to send DD or IPO of the exact amount with the application.

RTI Filing Procedure

4. RTI – Sending Options
(a) Send it through Normal Post or Speed Post or Registered Post or in person.
(b) It is not compulsory but it is advisable to send by Speed Post or Registered Post because you will have a proof (receipt) of your posting.
(c) You can also have the tracking report of your speed post by visiting indiapost.gov.in [It will give u the full detailed report of your speed post - The day it was dispatched, the route it followed & date of reaching its destination.]
(d) RTI Application can be sent Free of Cost by BPL (Below Poverty Line) people. You need to attach photocopy of your BPL Card along with the application.
(e) If possible also send an email of RTI Application to PIO’s official email ID displayed in the website on the same date. The clock starts ticking from the moment the email is sent (not opened). It isn't a valid application till it is accompanied by the proper fee. That’s the whole trouble with online applications. The Fees (Rs.10) along with RTI Application can be sent by post subsequently, but the time limit starts from the day the email is sent/received.

HOW TO LOCATE A PIO UNDER RTI ACT 2005

1. Visit website of the concerned public authority and scrutinize RTI icon. For state information, also visit official portal of state govt and information commission for these details. If you do not get details of PIO, visit nearest office of relevant public authority and try to get address of PIO. Name is not important, as officers do get changed.
2. If you do not still succeed, please address your application to PIO C/o. Head of the dept/office to which information is required. If you want information of a district, you can address application to PIO of District Collectorate.
3. If the envelope is not accepted or returned by post office, send the original application with photocopy of envelope to the PIO of Office of Chief Secretary at State Capital or connected ministry at Delhi, with a request to forward the enclosed application to the concerned PIO. A reference to india.gov.in website will be useful.
4. Alternatively, you can also file RTI application for the same information with PIO of Office of Chief Secretary at State Capital or connected ministry at Delhi, and PIO will redirect the application to correct PIO within 5 days of receipt by him with intimation to you.
5. Simultaneously, file a complaint with Central Information Commission/State Information Commission for difficulties in locating PIO of a particular dept/office.
6. You can take help of local/state-level NGOs or RTI helpline phone numbers for locating correct PIO, who would be holding information required by you.
7. Most of Central Govt public authorities have placed details of PIO etc on their websites. However, states are yet to follow. Some state information commissions do not have details of PIO/FAA on their website!

PIO - Reply Time & Fine
PIO - Public Information Officer gives RTI Reply

Every PIO is bound to reply within 30 days of receipt of the application, if he delays without any justified official cause or gives wrong information, he can be fined upto Rs250/ daily upto Rs.25,000 with a way of deduction from his salary.

RTI Reply Time - Generally [30 Days]; Life & Death Case Reply Time [48 Hrs]

IPO (Indian Postal Order)
IPO is similar to the size of your bank cheque. You can purchase it from any post office by paying Rs.10. You need not to fill any form to purchase it. Tear off the Left Part of IPO & keep with you as a proof of purchasing. Mention the following on IPO on specified space on Right Side.

To,
PIO (Public Information Officer)
Organization name and Address


From,
Your name and address

RTI Application – Format or Performa
To,

PIO (Public Information Officer)
Organization name with address

Subject: Application for information under the Right to Information Act.

Sir,

Please provide the following information with respect to the following questions.

Q1. What was the Cut off (Minimum marks obtained by a candidate) in Each Section to be called for the Interview in all categories (General, SC, ST, OBC, PH) for the examination held on - ?
Q2. What was the Cut off (Minimum marks obtained by a candidate) in Total (Written + Interview) to be called for the Final Selection in all categories (General, SC, ST, OBC, PH) for the examination held on - & Interview Held on - ?
Q3. What were the Highest Marks in Each Section by a candidate in the examination held on - ?
Q4. What were the Highest Marks in Total (Written + Interview) by a candidate in the examination held on - & Interview Held on - ?
Q5. What were the marks obtained by me in Total (Written + Interview) in the examination held on - & Interview Held on - ? - (Write Your Roll No or Registration No.)

Signature of the applicant
Full Name:
Address:
Email ID:
DD or IPO No:
Date:
Place:

Please find the following attachment (2 IPOs of Rs.10).
1- Rs.10 IPO for the RTI application.
2- Another Rs.10 IPO for the documentation and the other expenditures for the same work.

RTI - Detail
You don't have to quote any reason for seeking the information.

You can ask as many questions as u want in a single application.

RTU is applicable in J&K since March 2009 - http://jksic.nic.in/Pages/JK-RTI-Act-2009.PDF
RTI is not applicable to following Organizations – CBI, IB, RAW, NIA (National Investigation Agency), Economic Intelligence Bureau, Aviation Research Centre, NSG

RTI - Section Detail

Sec. 2(f) of the RTI Act, which defines “Information” as:
"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples,
models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

Sec. 2(i) of the RTI Act, which defines “Record” as:
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not);
(d) any other material produced by a computer or any other device;

RTI - Section Detail

Sec. 6 (1) of the RTI Act - Language
A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made.

Sec. 6 (2) of the RTI Act – Reason for RTI
An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

Sec. 8&9 of the RTI Act – Exemption from Disclosure of Information
Sec. 11 of the RTI Act – Third Party Information

RTI Application - Avoid Giving Phone No.
Don’t mention your phone number in the RTI application. Information conveyed over phone is not necessarily genuine & you don’t have a record of it. Without the phone number, the responsible department or PIO will be compelled to provide their response in writing which could be used in pursuing the matter further.

Wrong or Incomplete Information or No Information
If you are not satisfied by the information given by PIO within 30 days or if no information is given to you in 30 days then you can Appeal to Appellate Authority with previous records.

PIO can never reject the application on the ground that the information is Detailed or Large. If the information is detailed or large the RTI Act makes the provision of the inspection of relevant documents, which is being asked by the person.

Wrong or Incomplete Information or No Information
If you are not satisfied by the information given by PIO & Appellate Authority (AA) within next 30 days or if no information is given to you in next 30 days then you can Appeal to Information Commission with previous records and then the date will be fixed by the commission for a hearing and the notice will be served to the concerned PIO and the Appellant to present on a fixed date.

AA (Appellate Authority) Vs PIO
PIO and Appellate Authority cannot be the same person. It is a clear violation of the RTI Act.

Section 19(1) of the Act says
"to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority"

A officer SENIOR in rank to PIO cannot be the same as the PIO.
The AA must forward it to the PIO but the answer should be sought from the PIO and only the AA must sign the decision of the first appeal and not the PIO. The first appeal is a complaint against the PIO. The PIO therefore can't settle or judge (and sign) a plaint against himself, as, in simple terms, nobody can be a judge of his/her own cause.

RTI - Rejection
Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request:

(i) The reasons for such rejection

(ii) The period within which an appeal against such rejection may be preferred

(iii) The particulars of the appellate authority.

RTI - Physical Apperance for Inormation
The PIO (Public Information Officer) & AA (Appellate Authority) has no right to demand your physical appearance for giving the Information. They cannot compel you to do so. They must reply to RTI Application by written method only. Just wait for 30 days and send the next letter to the Information Commission.

State RTI Act
There are many states in India where there are State RTI acts. There are SICs (State Information Commissioner) for those states. A person can ask for information through RTI Act 2005 or through the State RTI Act. SICs are there for all states, except J&K.

The categorization is that the public authority funded by the state govt. is governed by the SICs while the organizations funded by Central govt. in the same state are under the jurisdiction of the CIC.

RTI in Recruitment Process
In many occasion it is observed that recruitment discriminate the candidates or favour particular candidates during interview by assigning marks arbitrarily.

By RTI, you can ask the photocopy of your OMR Sheet along with answer key.

There is a Supreme Court ruling that limits interview marks for selection to govt. departments to 15 % of total marks. If, in this selection procedure, the interview marks are above that, then it can be challenged.

Through RTI Act we may have information towards the criteria of assigning marks e.g. Qualification, Experience, Presentation etc. so that we expect at least minimum marks.

RTI in Recruitment Process

You can type in the names of the petitioner in
http://judis.nic.in/supremecourt/chejudis.asp
The first verdict was in the case
PETITIONER:
ASHOK KUMAR YADAV AND ORS. ETC. ETC. Vs.
RESPONDENT: STATE OF HARYANA AND ORS. ETC. ETC.
DATE OF JUDGMENT10/05/1985
BENCH: BHAGWATI, P.N. CHANDRACHUD, Y.V. (CJ) SEN, AMARENDRA NATH (J) ERADI, V. BALAKRISHNA (J)
CITATION:
1987 AIR 454 1985 SCR Supl. (1) 657
1985 SCC (4) 417 1985 SCALE (1)1290
CITATOR INFO :
This verdict was reinforced by the subsequent one
PETITIONER:
MOHINDER SAIN GARG ETC. ETC. Vs.
RESPONDENT:
STATE OF PUNJAB AND ORS.
DATE OF JUDGMENT15/11/1990
BENCH: KASLIWAL, N.M. (J), FATHIMA BEEVI, M. (J)
CITATION:
1990 SCR Supl. (3) 108 1991 SCC (1) 662
JT 1990 (4) 704 1990 SCALE (2)1014
by which the earlier judgment was reinforced and 25 % was found to be too high and 15 % was fixed.

RTI in Recruitment Process

Mr.Y.Naresh, had appeared for the SI exam conducted by the State Level Police Recruitment Board (SLPRB) in the year 2008. The results were declared in the year 2009. On 14th March 2009, he filed an RTI application with the Public Information Officer (PIO), requesting him to provide Xerox copies of his OMR Sheets for Paper III, Paper IV and also the answer keys to his Paper III and Paper IV question paper booklets.
The PIO in his reply stated that he cannot divulge the OMR sheets as they are confidential. Mr. Naresh made a first appeal with the Appellate Authority on the 6th of April 2009. He too gave the same reply.
On 19th May 2009, he filed a second appeal with the AP Information Commission. The second appeal came for hearing in the AP Information Commission vide Case No.4434/ CIC/2009. The hearing was held in the presence of State Chief Information Commissioner Mr. C.D. Arha’s Chambers on 23rd April 2010.
The State Level Police Recruitment Board (SLPRB) was represented by Mr. Satyanarayana, IPS, Inspector General & PIO of the SLPRB. While, Mr. Naresh was represented by Mr. Ganji Sreenivasa Rao of Lok Satta Party, Incharge, CHC, Saroornagar and Mr. Sunand P.
The arguments were short and to the point:
Mr. Satyanarayana tried to reason that if OMR sheets are provided lots of candidates would be applying for them and they would have difficulty in daily administration. Mr. Arha opined that given the fact that he himself has recently directed the NTR Health University to provide answer sheets to an applicant (Dr. L. Srinivas vide Appeal No. 4192 /CIC/2009, Dt. 02- 02-2010) and the fact that the Central Information Commissioner, Mr. Wajahat Habibullah (vide cic.gov.in/CIC-Orders/WB-04032009-04.pdf page no.5 para 41) issued directions stating that OMR sheets and evaluated answer sheets should be provided to the applicants under the RTI Act, the stand of the SLPRB that OMR Sheets are confidential isn’t correct.

RTI in Recruitment Process
He also quoted that, “The Hon’ble High Court of Delhi while dealing with an appeal in a similar matter, challenging the order of the Central Information Commission directing to provide a certified copy of the answer sheet to a student, held that the answer sheet cannot be excluded from the purview of Right to Information Act and the examination authority cannot deny the same to students under the Act and directed the Institute of Charted Accountants of India to provide a certified copy of the paper to students under the RTI Act. The Hon’ble High Court of Delhi further observed that the RTI Act legitimately confers positive power to citizens and there should be no further delay in such matters.”

He directed the PIO, SLPRB to provide Mr. Naresh access to the photocopies of the OMR sheets and also the answer keys to his question paper booklets.
    -Courtesy Sandeep Jaiswal & from www.rtiindia.org
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