First appeal when the PIO denies information, gives incomplete response, or doesn't reply within 30 days.
First Appellate Authority of the concerned public authority.
30 days from CPIO's reply date (or 30 days after expiry of reply period).
This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.
An RTI First Appeal is a formal written appeal filed with the First Appellate Authority (a senior officer within the same public authority) when the PIO has rejected your RTI application, provided incomplete information, charged excessive fees, or failed to respond within the 30-day period. It is the first mandatory step in the RTI appeal process before approaching the Information Commission.
File this appeal within 30 days of receiving the PIO's order (or within 30 days of the expiry of the 30-day response period in case of no response). Use it when the PIO has: wrongly claimed an exemption under Section 8, given partial information, charged fees disproportionate to the information requested, failed to respond, or transferred your application to a wrong department.
Section 19(1) of the RTI Act, 2005 provides for First Appeal to the First Appellate Authority (FAA) within 30 days of the PIO's order or the expiry of the response period. The FAA must dispose of the appeal within 30 days (extendable to 45 days). If unsatisfied with the FAA's order, a Second Appeal/complaint lies before the Central Information Commission (CIC) or State Information Commission (SIC) under Section 19(3) within 90 days.
The First Appeal is a prerequisite — you generally cannot approach the CIC/SIC directly without filing a First Appeal first (except in cases of deemed refusal or direct complaints under Section 18). The CIC can impose penalties and award compensation to applicants for delays or wrongful denial.
Yes. For Second Appeals under Section 19(3), you must have first filed a First Appeal before the FAA. However, you can file a direct complaint with the CIC/SIC under Section 18 if the PIO has refused to receive your application or the FAA has not been designated.
It should include: your name and contact details, reference to the original RTI application, PIO's response (or lack thereof), grounds of appeal (specific reasons why you are dissatisfied), what information you are seeking, and a prayer requesting the FAA to direct the PIO to provide the information.
No. There is no filing fee for First Appeals or Second Appeals under the RTI Act. The process is designed to be accessible to all citizens.
The FAA must dispose of the First Appeal within 30 days of receipt, which can be extended to 45 days for reasons to be recorded in writing (Section 19(6)).
File a Second Appeal before the Central Information Commission (for Central Government bodies) at cic.gov.in, or before the State Information Commission (for state bodies) within 90 days of the FAA's order. The CIC/SIC has wide powers including imposing penalties on PIOs.
Yes. The CIC/SIC can award compensation to the complainant under Section 19(8)(b) if it finds that the PIO wrongfully denied information. While uncommon, compensation awards have been made in cases of serious misconduct.
The CIC/SIC can impose a penalty of ₹250 per day (maximum ₹25,000) on a PIO who: failed to respond within the prescribed period, denied information without reasonable cause, knowingly gave incorrect information, or destroyed requested information.
No. RTI applications require the applicant's name and address. However, the applicant need not disclose reasons for seeking information (Section 6(2) RTI Act). In cases where applicants fear retaliation, the CIC/SIC can take protective measures.
Please confirm all of the following before proceeding with your RTI First Appeal document:
Please confirm all eligibility conditions above to proceed. If you are unsure about any point, you may not be eligible for this type of notice.