Consider the following statements : A first appeal against the decis

Consider the following statements :

  • A first appeal against the decision of a PIO can be preferred by
  • an applicant.
  • a person from within the Public Authority.
  • a person outside the Public Authority to whom the information pertains.

Which of the above statements are correct ?

1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
This question was previously asked in
UPSC Combined Section Officer – 2024
Statements 1 and 3 are correct, while statement 2 is incorrect. An applicant can file a first appeal. A person outside the Public Authority to whom the information pertains (a third party) can also file an appeal under specific circumstances related to disclosure of their information. A person from within the Public Authority does not typically have the right to appeal against the PIO’s decision regarding another applicant’s request.
Statement 1 is correct. Section 19(1) of the RTI Act states that any person who does not receive a decision on a request for information within the specified time limit, or is aggrieved by a decision of the PIO, may prefer an appeal to the first appellate authority (an officer senior in rank to the PIO) within 30 days. This “person” is typically the applicant.
Statement 2 is incorrect. The right to appeal is primarily for the person seeking information or a third party whose information is being disclosed. A person from within the Public Authority, in their official capacity, is involved in the process of providing information, not appealing against the decision regarding an application by an external party.
Statement 3 is correct. Section 19(3) read with Section 11 of the Act allows a third party (a person other than the applicant) whose information is proposed to be disclosed by the PIO to appeal against the PIO’s decision to disclose such information. This appeal is made to the first appellate authority before the information is actually disclosed.
The RTI Act provides for a two-tier appellate mechanism. The first appeal is to a senior officer within the same Public Authority (the First Appellate Authority). The second appeal lies with the Central Information Commission or the State Information Commission.