Can I file a complaint under section 18 of RTI Act and also file appeal 19 of RTI act

Dear Client,

I understand your concern and, based on your query, I would like to give you my legal advice. The answer to your question is yes, you can simultaneously file a complaint against the PIO in Section18 and also file an appeal under Section 19 of the RTI Act. Under Section 18, the PIO can be penalised for providing any wrong or misleading information and under Section 19 (1) of the RTI Act, the appeal can be made before the FAA after proper evidence is obtained against the PIO, and the actual information can be obtained from the RTI.

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Dear Client, 

Certainly, the provisions in Sections 18 and 19 of the RTI Act of 2005 are different, and in suitable situations, you can use both of them. If you feel that the Public Information Officer (PIO) has provided inaccurate or misleading or incomplete information, then you can move an appeal to get the correct information through Section 19(1), while at the same time, in some situations, you can even file a complaint against the PIO under Section 18 before the State or Central Information Commission. It should be noted that when the Information Commission exercises its powers under Section 18, it usually deals with the conduct of the PIO and applies penalties accordingly.

I hope this helps and if you have any further issues do not hesitate to contact us.