What to Do if Your First Appeal Under the Right to Information Act 2005 Goes Unanswered

“Navigating the Unanswered First Appeal Under the Right to Information Act 2005: A Comprehensive Guide”

Introduction

Filing an appeal under the Right to Information Act 2005 (RTI Act) is an essential democratic right for Indian citizens. However, what should you do if your first appeal under the Act goes unanswered? This comprehensive guide aims to provide you with the necessary steps based on the Act itself and additional research.

Legal Timeframe for First Appeals

Subheading: Understanding the Time Limit for Responses

As per Section 19(6) of the Right to Information Act 2005, the first appellate authority is mandated to dispose of the appeal within 30 days from the receipt of the appeal, extendable up to a maximum of 45 days if there are sufficient reasons for it¹.

Filing a Second Application

Subheading: Essential Information to Seek

If your first appeal goes unanswered within this time, you should request:

1. A certified copy of the page where your first appeal has been registered.
2. A certified copy of the notice for your appeal hearing.
3. A certified copy of the registered post receipt for the notice.
4. A certified copy of any actions taken on your first appeal.
5. The specific section of the RTI Act 2005 under which no action has been taken on your first appeal.

Further Steps in Case of No Response

Subheading: Legal Recourse for Unresolved Issues

If your second application goes unanswered, a reminder letter should be your next step. A consistent lack of response suggests a failure of duty on the part of the first appellate authority. Under such circumstances, you can file a complaint in court as per Section 18 of the RTI Act 2005².

Legal Repercussions for the Appellate Authority

Subheading: What the Law Says

Section 20 of the RTI Act outlines the penalties that may be imposed on the appellate authority for not responding to an appeal in the stipulated time frame³.

Conclusion

Ignoring a first appeal is a breach of the RTI Act 2005 and provides the appellant with several options for legal redress. Always consult a legal advisor to understand the full range of options available to you.

Excerpt

“If your first appeal under the Right to Information Act 2005 is ignored, this guide provides you with a researched roadmap for the steps you can take for legal redress.”

References

Footnotes

1. “The Right to Information Act 2005, Section 19(6)”. Government of India. ↩
2. “The Right to Information Act 2005, Section 18”. Government of India. ↩
3. “The Right to Information Act 2005, Section 20”. Government of India. ↩