subject of appeal before the first Appellate Authority. As a necessary corollary, the second Appellate Authority i.e. the Central of the State Information Commissions can examine the decision of the PIO or their failure to decide under Section 7(1) or the quantum of cost under Section 7(3)(a) of the RTI Act. They can also go into third party rights and interests under Section 19(4) of the RTI Act. Central or the State Information Commissions cannot examine the correctness of the decisions/directions of the Public Authority or the competent authority or the appropriate Government under the RTI Act, unless under Section 18 the Central/State Information Commission can take cognizance. The information seeker is however not remediless and where there is a lapse by the competent authority, the public authority or the appropriate Government, writ jurisdiction can be invoked. It is always open to a citizen to make a representation to public authority, appropriate Government or the competent authority whenever required and on getting an unfavourable response, take recourse to constitutional rights under Articles 226/227 of the Constitution of India. In a given case, the Central or the State Information Commissions can recommend to the competent authority, public authority or the appropriate Government to exercise their powers but the decision of the competent authority, public authority or the appropriate Government cannot be made subject matter of appeal, unless the right has been conferred under Section 18 or 19 of the RTI Act. Central and State Information Commissions have been created under the statute and have to exercise their powers within four corners of the statute. They are not substitute or alternative adjudicators of all legal rights and cannot decide and adjudicate claims and disputes other than matters specified in Sections 18 and 19 of the RTI Act”.
