Uttar Pradesh Information Commission

  What We Do
Inquiry into a complaint by the Commission

  1. Subject to the provisions of the RTI Act, it shall be the duty of the State Information Commission to inquire into a complaint from any person,
    • Who has been unable to submit a request to a State Public Information Officer, either by reason that no such officer has been appointed under the Act, or because the State Assistant Public Information Officer has refused to accept his or her application for information or appeal under the Act for forwarding the same to the State Public Information Officer;
    • Who has been refused access to any information requested under the Act
    • Who has not been given a response to a request for information or access to information within the time limit specified under the Act
    • Who has been required to pay an amount of fee which he or she considers unreasonable
    • Who believes that he or she has been given incomplete, misleading or false information under the Act; and
    • In respect of any other matter relating to requesting or obtaining access to records under the Act.
  2. Where the State Information Commission is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
  3. The State Information Commission shall, while inquiring into any matter, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely
    • Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
    • Requiring the discovery and inspection of documents
    • Receiving evidence on affidavit
    • Requisitioning any public record or copies thereof from any court or office
    • Issuing summons for examination of witnesses or documents; and
    • any other matter which may be prescribed.
  4. The State Information Commission may, during the inquiry of any complaint under the Act, examine any record to which the Act applies which is under the control of the public authority, and no such record shall be withheld from it on any grounds.

Hearing of appeal by the Commission

  1. The State Information Commission may, during the inquiry of any complaint under the Act, examine any record to which the Act applies which is under the control of the public authority, and no such record shall be withheld from it on any grounds.
  2. If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
  3. In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the State Public Information Officer who denied the request.
  4. The decision of the State Information Commission shall be binding.
  5. In its decision, the State Information Commission has the power to
    • Require the public authority to take any such steps as may be necessary to secure compliance with the provisions of the Act, including
      • By providing access to information, if so requested, in a particular form
      • By appointing a State Public Information Officer
      • By publishing certain information or categories of information
      • By making necessary changes to its practices in relation to the maintenance, management and destruction of records
      • By enhancing the provision of training on the right to information for its officials
      • By providing it with an annual report

    • Require the public authority to compensate the complainant for any loss or other detriment suffered
    • Impose any of the penalties provided under the Act
    • Reject the application.