FAA discharging duty of PIO under RTI Act

Dear Client, Based on the facts stated, it is not possible to conclude that the notice is illegal. Under the Right to Information Act, 2005, a First Appellate Authority (FAA) is not a Public Information Officer (PIO) and cannot discharge the statutory duties of the PIO. However, the FAA can conduct a hearing while deciding a first appeal, if one has been filed.

From the contents of the notice, it appears that the authority is referring to your first appeal applications, not your original RTI application. If that is correct, calling you for a hearing is not, by itself, contrary to the RTI Act.

If, however, the FAA is directly processing your original RTI application in place of the PIO without any decision by the PIO, or is otherwise acting beyond its powers, you may raise that objection before the FAA and, if necessary, before the State Information Commission.

Hope this helps. Please feel free to reach out to us if you have any further queries or need assistance.