Section 19 of RTI Act : Section 19: Appeal

Explanation using Example

Imagine that Mr. Sharma filed a request under the Right to Information Act to the State Public Information Officer (SPIO) seeking details about the development work in his locality funded by the government. The SPIO replied but denied some information citing confidentiality. Mr. Sharma believes that the information denied is not confidential and should be disclosed in public interest.

Under Section 19(1) of the RTI Act, Mr. Sharma can file an appeal to an officer senior to the SPIO within thirty days of receiving the decision. If he was busy with a medical emergency and missed the deadline, he can still file the appeal later if he convinces the officer that there was a sufficient cause for the delay.

If Mr. Sharma is still not satisfied with the outcome of the first appeal, he has the right under Section 19(3) to file a second appeal with the State Information Commission within ninety days.

Throughout the appeal process, as per Section 19(5), the burden of proof to justify the denial of information rests with the SPIO.

The SPIO must adhere to the decision of the State Information Commission as per Section 19(7), which is binding.

If the Commission rules in favor of Mr. Sharma, it has the authority under Section 19(8) to require the public authority to disclose the information and possibly compensate Mr. Sharma for any trouble caused as per Section 19(8)(b).