This communication clarifies that under the Right to Information Act, 2005, a person can lodge complaints or appeals with the Central or State Information Commissions. It addresses the practice of these commissions constituting Benches to decide on complaints and appeals. However, after consultation with the Department of Legal Affairs, it has been determined that the Act does not explicitly empower the constitution of Benches. Specifically, Section 12(4) of the RTI Act does not grant the Chief Information Commissioner the authority to form Benches. Therefore, it is advised that decisions on complaints and appeals should be made by the Central Information Commission as defined in Section 2(b) of the Act, and not by Benches.
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No.1/1/2009-IR
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
North Block, New Delhi
Dated: the $22^{\text {nd }}$ May, 2009
To
The Secretary,
Central Information Commission,
August Kranti Bhawan,
Bhikaji Cama Place,
New Delhi
Sir,
I am directed to say that the Right to Information Act, 2005 provides that a person can make a complaint or an appeal to the Central Information Commission or the State Information Commission, as the case may be, in the circumstances as provided in the Act and that the concerned Commission may take action on the complaint or appeal in accordance with the provisions of the Act.
2. It is observed that the Central Information Commission and some State Information Commissions are taking decisions on the complaints and the appeals by constituting Benches. The matter has been examined in consultation with the Department of Legal Affairs who have pointed out that the Central Information Commission or the State Information Commissions could function through Benches only if there was a specific provision in the Act regarding constitution of Benches. That Department has further opined that provision of Section 12(4) of the RTI Act does not empower the Chief Information Commissioner to constitute the Benches.
3, In view of this legal position, it is advised that decisions on the complaints and appeals should be taken by the Central Information Commission as defined in Section 2(b) of the RTI Act, 2005 and not by the Benches of the Commission.
