FAA discharging duty of PIO under RTI Act

Question

► I had filed an RTI Application on 18th May 2026. Yesterday I received a communication in RTI Portal as "You are hereby informed to remain present before the undersigned in connection with the hearing of the RTI appeal". " If you are aggrieved by the above decision, you may prefer an appeal within 30 days from the date of receipt of the decision". The letter dated 1st June 2026 Sub: your application under the Right to Information Act 2005 With reference to your various first appeal applications under the Right to Information Act- 2005 on the above subject matter, it is to be informed that your various application regarding the Right to Information Act has been received by this branch on 29.05.2026. You are hereby informed to be present in person as by virtual mode on 06/06/2026 during office hours for the hearing of the application. FAA The notice is illegal as FAA is not empowered to act as public information officer. I request learned brothers to share their opinion. It is abuse of power and mockery of RTI Act

Answer 1

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.

FAA discharging duty of PIO under RTI Act

1 Answer