RTI Complaint Format in English: Template for RTI Complaint under Section 18

RTI Complaint Format in EnglishThere is no common RTI Complaint Format and Fees for lodging complaint before Central and State Information Commissions under section 18 of the RTI Act. For example, there is no RTI Complaint Format and Fees specified for Complaint before Central Information Commission, while few State Information Commissions have specified Complaint Format and Fees. Thus, before lodging Complaint under section 18 you may check the RTI Rules of corresponding States. If there is no specified complaint format and fees, then you may follow RTI Complaint Format in English provided in this article for writing complaint under section 18. While writing complaint before State Information Commission, you may replace Central Information Commission and its Address with State Information Commission and its address, and CPIO with SPIO.

Before reading RTI Complaint Format, you may read when and how to lodge Complaint under section 18 of the RTI Act at How to lodge Complaint under RTI Act?

RTI Complaint Format in English

You may use below RTI Complaint Format for writing complaint under RTI Act.

The Right to Information Act, 2005

 Complaint before

CENTRAL INFORMATION COMMISSION

August Kranti Bhavan, Bhikaji Kama Place,

NEW DELHI – 110 066

 

Submitted under Section (18) of the Right to Information Act, 2005

 

In the matter of

(Complainant’s Name)

vs.

The PIO, First Appellate Authority, and/or Any other person against whom you are lodging Complaint

 

Date of Submission:

 

INDEX OF COMPLAINT

Sl. No. Items Page (… to …)
01 Particular of Enclosures  
02 Original Complaint dated …..  
03 Chronological Chart of RTI Application dated ….  
04 Copy of RTI Application dated …. (Annexure – A)  
05 Proof of submission of RTI Application (Annexure – B)  
06 Copy of Reply dated …. from PIO (Annexure – C), if received  
07 Copy of First Appeal dated….. (Annexure – D),if any  
08 Proof of submission of First Appeal, if any (Annexure – E)  
09 Any other supporting documents (Annexure – F)  

 

Place:                                                                                               Signature of the Complainant

Date:                                                                                                     (Name of Complainant)

Above is the index of complaint and should be first page in RTI Complaint Format. From second page of RTI Complaint Format, you may write following details.

The Right to Information Act, 2005

Complaint before

CENTRAL INFORMATION COMMISSION

August Kranti Bhavan, Bhikaji Kama Place,

NEW DELHI – 110 066

 

Complaint No. _________________________dated__________ [For office use only]

 

 

BETWEEN:

…………………………………….

……………………………………..

……………………………………. (Name and Address of Complainant)

Contact No. : ………………………

Email ID: ………………………….                                                                     … Complainant

 

AND:

1. …………………………………

……………………………………..

……………………………………. (Name and Address of CPIO/SPIO)

2. …………………………………

……………………………………..

……………………………………. (Name and Address of First Appellate Authority)

3. …………………………………

……………………………………..

……………………………………. (Name and Address of any other aginst whom you want to lodge complaint)                                                                                                                                                                                  …Respondents

 

COMPLAINT UNDER SECTION (18) OF THE RIGHT TO INFORMATION ACT, 2005

Here, you may mention the main reason for lodging complaint. Example:

(As I have not received the Reply from Respondents within the specified period under RTI Act, or as Respondents have rejected request for information malafidely, or Respondents have not complied with the proI hereby submit this complaint for your kind decision).

1. Brief Facts leading to the Complaint:

In this section you can briefly write background of the Complaint. For example:

If CPIO/SPIO did not reply within 30 days of receipt of your application, you may write following details:

1.1. On date ……….., the Complainant submitted Application dated ……….. (Annexure – A) to the Respondent No. 1, who registered the RTI Application under Control No. ……….. . Respondent No. 1 sent Reply dated ……….. (Annexure – B) on ……….. . Accordingly, Respondent No. 1 took almost ……….. (64 days) instead of 30 days to furnish information sought by the Complainant.

1.2. As Respondent No. 1 has failed to give his/her decision on the request for information within the period specified under sub-section (1) of section (7) of RTI Act, Respondent No. 1 has been deemed to have refused the request as per sub-section (2) of section (7) of the Act, which are produced below:

“(7) (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:

Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.”

(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused therequest.”

If CPIO/SPIO has rejected request for information with/without providing reasons or provided false/ misleading information within 30 days or did not provide details of First Appellate Authority, then you may write following details:

1.3. Analysis of Replies from Respondents:

In this section, you may clearly specify which part of your request has been rejected by CPIO/SPIO or which part of reply is false or misleading. For Example:

Point No. (1) & (3) of RTI Application: CPIO/SPIO did not provide Information or reject request for information.

Point No. (2) of RTI Application: CPIO/SPIO has provided false information

1.4. As per sub-section (8) of section (7) of the RTI Act, 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; and

(iii) the particulars of the appellate authority.”

By not providing the reasons for rejection or detail of appellate authority, CPIO/SPIO has violated section 7(8) of the RTI Act.

You may also mention the decision of Central Information Commission on furnishing contact details of CPIO or Appellate Authority:

1.5. Respondents have not mentioned their telephone and fax numbers in the RTI Reply. This is non compliance to the recommendation of Full Bench of Hon’ble Commission in the matter of Shri Subhash Chandra Agrawal vs. Ministry of Home Affairs, dated 27th August, 2013. In the aforementioned case Full Bench of Hon’ble Commission made the recommendation in para 11 with following words:

“11. (viii) The Commission also directs the CPIOs and the Appellate Authorities to mention their names, designations and telephone and fax numbers in the RTI related correspondence”.

1.6. You may write any other violation of provision of RTI Act, by sighting the section of RTI Act.

The materials on record under para (1) of this Complaint clearly show the lackadaisical approach of Respondents in implementing the RTI Act. Thus, Complainant strongly believes that Respondents have taken the RTI Act very casually. Hence, I lodge this Complaint  before  the  Honorable  Central  Information Commission.

2. Prayers or Relief sought:

The Complainant prays that the Honorable Commission be pleased to:

  • admit this Complaint and inquire into the same by invoking its powers under section (18) of the RTI Act;
  • ,while inquiring into the matter, invoke its power under section (18) (3) of RTI Act to (a) summon and enforce the attendance of respondents and compel them to give oral or written evidence on oath and to produce the documents or things; (c) receive evidence on affidavit; or (f) any other matter which may be prescribed;
  • direct the Respondents to refund the Application fee paid by Complainant while submitting RTI Application as per section (7)(6) of the RTI Act;
  • impose PENALTY on Respondents as per Section (20)(1) of RTI Act and to recommend Disciplinary Action against Respondents as per section 20(2) of RTI Act;
  • direct the public authority to make entry in Service Book/Annual Performance Appraisal Report of the Respondents for defying the provisions of the Act: and
  • invoke its  powers  under  the  RTI  Act  to issue any other direction or recommendation as it may deem appropriate.

3. Grounds for the prayer or relief:

  • The Complainant would like to draw the attention of the Honorable Central Information Commission to the nature of power vested in it by virtue of Section (18) of the RTI Act. This section permits any person to bring before the Honorable Commission a complaint if he has been refused access to any information requested under this Act or he has not been given a response to a request for information or access to information within the time limit specified under this Act or he believes that he or she has been given incomplete, misleading or false information under this Act or in respect of any other matter relating to requesting or obtaining access to records under this Act. Subject to the provisions of this Act, it shall be the duty of the Honorable Commission to receive and inquire into such complaint from that person.
  • The Complainant strongly believes that respondent has malafidely, without any reasonable cause, has failed to give its decision on the request for information within the period specified under sub-section (1) of section (7) of RTI Act. Thus, respondent is deemed to have refused the request as per sub-section (2) of section (7) of the RTI Act. Again, under sub-section (6) of section (7) of the RTI Act, information should be provided free of cost to the complainant.
  • The materials on record clearly show the lackadaisical approach of respondents in implementing the RTI Act. Such action of respondents is in non compliance with the provisions and spirit of RTI Act. This clearly shows that respondents have taken the RTI Act very casually.
  • Right to Information is Fundamental Right that shall not be violated. But respondents have violated that by malafidely rejecting the request for information. Respondents have persistently defeated the objectives and spirit of the RTI Act, thus, the complainant most humbly request the Hon’ble Commission to recommend disciplinary action against respondents as per section 20(2) of RTI, Act.
  • As these matters relate directly to compliance with the provisions of the RTI Act, the Complainant is desirous of preventing respondent’s illegitimate act of implementing the RTI Act with very casual and lackadaisical approach. Further, by not preventing the non compliance with the act, the avowed objectives  of  the  RTI  Act, namely,  creating  an  informed  citizenry  and  ensuring  the establishment of a practical regime of transparency in Government would stand defeated.
  • The  Complainant  believes  that  it  is  appropriate  for  him  to  move  the  Honorable  Central Information  Commission  for  redressal  as  the  Honorable Commission  is  empowered  in  the  first  instance  to  take  action  under  the  RTI  Act  for  the non compliance with the RTI Act.
  • In  the  matter  of  Chief  Information  Commissioner  and  Another  vs.  State of Manipur and Another [Civil Appeal No. 10787‐10788 of 2011, judgment dated 12, December 2011] the Honorable Supreme Court took note of the supervisory powers of the Central and State Information Commissions established under the RTI Act as contained in Section (18) of that Act in the following words:

      “30… The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20…”

      “35… Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure …”

         “37. We are of the view that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a substitute for the other.”

  • The Complainant believes that there is further guidance available in the RTI Act regarding the power of the Honorable Central Information Commission to ensure the compliance with the Act. Under section 25(5) of the RTI Act if it appears to the Central Information Commission that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

4. The Complainant reserves his right to make any amendment in the Prayers or reliefs sought in this complaint letter or to submit additional arguments and prayers as and when required in this case. 

5. Personal Presence at Hearing: YES

6. Declaration:

I hereby verify that the aforementioned facts are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission or is pending with any Court or tribunal or authority. I also declare that I have authenticated all copies attached to this complaint. 

 

Place:                                                                                            Signature of the Complainant

Date:                                                                                               (Name of the Complainant)

 
The above part of RTI Complaint Format is main content of your complaint. You may include chronological chart as provided below along with RTI Complaint Format.  
 

CHRONOLOGICAL CHART OF RTI APPLICATION dated …………….

of Mr. (Complainant’s Name)

Sl. No. Detail of Events Date
01 CPIO received RTI Application on  
02 CPIO replied on  
03 First Appellate Authority received First Appeal on  
04 First Appellate Authority gave her decision on  
05 Complaint mailed to CIC on  

Place:                                                                                      Signature of the Complainant

Date:                                                                                           (Name of Complainant)

In your complaint, you may include details as mentioned in above RTI Complaint Format. If you have any doubt in RTI Complaint Format provided above, you may ask through comment box. 

You may get other RTI Formats at below links:

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