One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A non‑functional State RTI portal does not block your right to information. You can still file a physical application — by post or by hand — under Section 6(1) of the Right to Information Act, 2005. If the portal remains broken, you can also file a complaint with the State Information Commission under Section 18 to get the system fixed.
Ravi Shankar Verma had waited months for his pension arrears file to move. A retired school teacher in Bhopal, he needed a few precise figures from his department’s file‑notings. On 25 March 2025, he logged on to the Madhya Pradesh government’s RTI portal — https://rtionline.mponline.gov.in. That’s when the screen went blank. Just a cold HTTP 404 message. Nothing else. He tried again the next day. Same result. Telephone helplines rang unanswered. Frustration set in fast. A generic advisory from a local practitioner didn’t help. The advice was vague: “Wait for the website to come back.” But Ravi couldn’t wait. He had a deadline tied to his representation before the department’s pension cell. That’s when he reached out to the office of Advocate Sudhir Rao. The chamber has deep, day‑to‑day experience in RTI matters — and that made all the difference. Advocate Sudhir Rao’s team immediately spotted a route most litigants miss. The RTI Act isn’t online‑only. Section 6(1) permits filing “in writing or through electronic means.” And “in writing” means exactly that — a physical application on plain paper. The team helped draft the application, attached a screenshot of the portal error, and sent it by speed post to the public information officer. Simultaneously, they lodged a succinct complaint before the Madhya Pradesh State Information Commission under Section 18, flagging the portal breakdown. Within 35 days, Ravi had his information. The portal glitch didn’t stop his right.Key Facts of the Case
- Ravi Shankar Verma, a resident of Bhopal, needed pension‑related file‑notings from the MP government.
- The official online RTI portal (https://rtionline.mponline.gov.in) displayed a persistent HTTP 404 error from 25 March 2025 onward.
- Helpline calls went unanswered and a local practitioner’s suggestion to “wait” gave no relief.
- The client approached Advocate Sudhir Rao’s office, which specialises in RTI and administrative law.
- A physical RTI application was immediately drafted and dispatched by speed post to the correct public information officer.
- The portal’s non‑functioning was recorded in a separate complaint to the State Information Commission under Section 18.
- The department responded to the RTI within 35 days, well within the statutory maximum of 30 days (plus a few days for postage).
The Direct Legal Answer
Is the website not operational? And what can I do?
If the RTI portal is showing a 404 error, it’s definitely not operational. But here’s the thing — the law has already anticipated such failures. The Right to Information Act, 2005 did not make online filing the only route. Section 6(1) explicitly allows you to make a request “in writing or through electronic means.” That written application can be on plain paper, accompanied by the prescribed fee (usually in the form of a court‑fee stamp or postal order).
So the portal being down does not suspend your right to information. You file a physical request, send it by registered post or deliver it in person, and the clock starts ticking for the 30‑day response window. You should also preserve evidence of the portal outage — a screenshot works — because it can be used if you later need to complain to the Information Commission about systemic dysfunction.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Keep written evidence of every attempt you made to use the online portal. Screenshots, browser error logs, and timestamps matter. They show good faith and explain any delay in filing.
Don’t rely only on digital copies. Always have a signed, physical back‑up. The law treats a postal receipt as proof of delivery — something an offline server can never give you when the portal is dead.
This category of case — RTI applications and complaints — sits at the intersection of administrative law and civil rights. A general practitioner who rarely handles RTI matters may overlook the complaint route, the fee‑related nuances, or the tight appeal deadlines. Engaging an advocate with domain‑specific experience substantially cuts down errors and speeds up results.
Applicable Sections of Law
- Section 6(1) RTI Act, 2005: The foundational provision allowing a request to be made in writing or through electronic means.
- Section 7: Sets the 30‑day deadline for the public authority to supply information, or 48 hours if life or liberty is at stake.
- Section 18: Empowers the Information Commission to receive and inquire into complaints about any matter under the Act — including technical failures that obstruct access.
- Section 19: Provides the first‑appeal mechanism to a senior officer, and the second appeal to the Information Commission.
Limitation Period
The RTI Act doesn’t prescribe a limitation period for filing the initial application. You can file it at any time. However, the first appeal against a refusal or deemed refusal must be filed within 30 days from the expiry of the response period, though the appellate authority can condone delay. The second appeal to the Information Commission must typically be filed within 90 days. Missing these appeal windows can kill your right to challenge a denial, so they’re treated strictly.
Interim Reliefs Available
Strictly speaking, the RTI framework doesn’t provide interim injunction or arrest‑type reliefs. But you can request that the Information Commission treat your complaint as urgent — for example, if the information is needed for a life‑or‑liberty matter, or if a systemic portal failure is denying hundreds of citizens their rights. The Commission may call for an immediate report from the public authority and even direct the technical wing to restore the portal within a fixed deadline.
Jurisdiction — Where to File the Case
An RTI application goes to the public information officer of the department that holds the information. If you’re complaining about the portal, you file your complaint under Section 18 before the State Information Commission of the respective State — here, the Madhya Pradesh State Information Commission. The Commission’s jurisdiction is statewide for all public authorities within that State. For central government departments, you’d approach the Central Information Commission. No court fees are payable for RTI appeals or complaints.
If You Are the Victim
- Take a screenshot of the 404 error page immediately — include the date and time.
- Prepare your RTI application on plain paper, hand‑signed, mentioning that the online system was inaccessible.
- Calculate the fee (usually ₹10, payable via IPO, DD, or court‑fee stamp) and attach it.
- Send the application by speed post or registered post so you have a tracking receipt.
- If you face a complete systemic breakdown, file a Section 18 complaint to the Information Commission without delay.
Documents You Must Keep Ready
- Valid photo ID (Aadhaar, PAN, or voter ID)
- Screenshot of the portal error with date and time visible
- Written RTI application (with your full name, address, and description of the information sought)
- Application fee (Indian postal order or demand draft drawn in favour of the Accounts Officer of the concerned department)
- Postal receipt / speed post tracking number
- Any prior correspondence with the department on the same subject
- Note of the public information officer’s name and address (available on the department’s website)
What Evidence Is Required?
- Primary evidence: the original screenshot of the HTTP 404 error, captured on the same day.
- Secondary evidence: a printout of the disconnected browser session, including the URL bar.
- Digital trail: your internet history log or a screen‑recording of the failed attempt.
- Testimony or affidavit stating the date and time you tried and failed to access the portal.
- Any email or message to the technical support / NIC team reporting the outage.
- Postal receipt of the physical RTI application to prove you didn’t simply forget to file.
How Courts Typically Approach Such Cases
Information Commissions treat a dead RTI portal as a systemic violation of Section 4 (proactive disclosure) and the obligation to make information accessible. They often direct the department’s technical wing to fix the portal and report back. Repeated outages may invite penalty proceedings against the public authority for effectively blocking access. The Commissions view online obstacles not as a citizen’s fault but as a failure of the State’s duty to facilitate transparency.
Timeline of Legal Process
- Day 0: Physical RTI application dispatched.
- Day 0‑2: Delivery to the public information officer.
- Day 30: Statutory deadline for response (or 48 hours in life‑or‑liberty cases).
- Day 31‑60: If no reply, first appeal to the first appellate authority within 30 days.
- Day 61‑120: If still dissatisfied, second appeal to the Information Commission within 90 days.
- Commission hearing: Usually within 3‑6 months of filing the complaint or appeal.
- Portal‑fuNction issue: A Section 18 complaint may get the Commission’s attention within weeks, often resulting in a direction to restore the online facility within 15‑30 days.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
RTI disputes rarely require a full‑fledged court intervention. Most grievances get resolved when the Commission issues a notice to the public authority. Settlement in the traditional sense doesn’t apply, but a well‑drafted complaint often persuades the department to release the information and fix the portal promptly. Mediation is not typical, though Sections 89C of the RTI Rules allow the Commission to use conciliatory powers to reduce delay. If the department agrees to supply the information, the complaint can be withdrawn or disposed of as infructuous.
Common Mistakes People Make
- Waiting indefinitely for the portal to recover without filing a physical application. Delay often hurts more than the outage itself.
- Not preserving evidence of the portal error — a simple screenshot can be the strongest proof before the Commission.
- Paying the fee through the wrong mode; each department has specific acceptable modes (IPO / DD / court‑fee stamp), and a mismatch can lead to return of the application.
- Sending the RTI to the wrong public authority or to a general email address — always identify the designated PIO.
- Drafting the application themselves in a vague, un‑specific manner, which invites easy evasion.
- Engaging a lawyer who doesn’t regularly handle RTI and information‑access matters. The procedural shortcuts, the complaint‑filing strategy, and the familiarity with the Commissions’ working style are vital — a general practitioner may not know, for instance, how to use a Section 18 complaint to force systemic correction.
FAQs People Normally Have
Can I file an RTI by email if the portal is down?
Yes. If you have the designated email ID of the public information officer, you can send the application as an attachment, but the fee may still need to be paid physically or through an e‑payment receipt. The email route works only if the office accepts it.
What if the department says they never received my physical application?
Your postal receipt is your shield. It creates a legal presumption of delivery. If they still stonewall, you use that receipt in your first appeal.
Can I file a complaint about the portal even if I didn’t need information urgently?
Absolutely. Any citizen who attempts to access the portal and finds it broken can file a Section 18 complaint. It’s about the right to access the system, not merely personal need.
Will the Information Commission penalise the department for a crashed portal?
The Commission can direct the department to restore the service and can also record a finding of neglect. While there may not be a direct penalty on the PIO for a technical outage, repeated failures can attract compensation orders or disciplinary referrals.
How long does a Section 18 complaint take to get an order?
In practice, many Commissions schedule the first hearing within 6‑8 weeks. Serious systemic issues often get a faster response.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India