Under Indian law, if an applicant does not receive a response to an RTI application within the prescribed time, they can take further steps through the RTI appeal process.
Key points:
Wait for the prescribed period: The Public Information Officer (PIO) generally has 30 days to provide the information or communicate the reason for refusal. In matters concerning the life or liberty of a person, the response is generally required within 48 hours.
File a First Appeal: If no response is received within the applicable period, the applicant can file a First Appeal before the designated First Appellate Authority (FAA) of the concerned public authority. This can generally be done within 30 days from the expiry of the response period.
Mention the original RTI details: The appeal should include the date of the RTI application, application/reference number, details of the information requested, proof of submission, and the fact that no response was received.
Request the information: The applicant should clearly request the FAA to direct the PIO to provide the information sought under the RTI application.
File a Second Appeal if necessary: If the First Appeal is not decided satisfactorily, the applicant can file a Second Appeal before the appropriate Information Commission—Central Information Commission or State Information Commission, depending on the public authority.
Complaint may also be possible: In certain circumstances, a complaint can be made to the appropriate Information Commission, particularly where the RTI application was not properly accepted, information was unlawfully refused, or other statutory requirements were not followed.
Keep all records: The applicant should preserve the RTI application, acknowledgment, postal/courier receipt, online submission details, PIO response if any, and First Appeal documents.
Conclusion:
If the PIO fails to respond within the prescribed time, the applicant does not have to simply wait indefinitely. They can normally file a First Appeal, and if the matter remains unresolved, pursue a Second Appeal before the appropriate Information Commission. The exact procedure can vary depending on whether the public authority falls under the Central or State Government.
