e-Governance

Citizen Access to Information (RTI)

First Appeal Under RTI: What to Do When There Is No Reply

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<h3>When you can file a first appeal</h3>
<p>Under Section 19(1) of the RTI Act, you can appeal to the <strong>First Appellate Authority (FAA)</strong>, an officer senior in rank to the Public Information Officer (PIO) within the same public authority, if:</p>
<ul>
<li><strong>No reply</strong> was received within the applicable time limit: 30 days ordinarily, 35 days where the application was given to an Assistant PIO, or 48 hours for life-or-liberty matters. No reply within time is a <strong>deemed refusal</strong> under Section 7(2);</li>
<li>The reply is <strong>incomplete, incorrect or misleading</strong>;</li>
<li>The information was <strong>refused</strong>, or you object to the fee demanded.</li>
</ul>
<h3>Time limit</h3>
<p>File the first appeal <strong>within 30 days</strong> of the reply, or of the date the reply became due. The FAA may admit a later appeal if satisfied there was sufficient cause for the delay under the proviso to Section 19(1).</p>
<h3>How to file First Appeal</h3>
<p>Address a simple application to "The First Appellate Authority" of the same public authority. Many authorities name the FAA on their website; central authorities accepting online RTIs also accept online first appeals on the same portal.</p>
<pre><code>To,
The First Appellate Authority,
[Name of the public authority],
[Address]

Subject: First appeal under Section 19(1) of the RTI Act, 2005

Sir/Madam,

1. I filed an RTI application dated ________ with the PIO, [office]
   (copy enclosed).

2. [Choose one:]
   (a) No reply has been received although the period under
       Section 7(1) has expired. This is a deemed refusal under
       Section 7(2). / or
   (b) The PIO's reply dated ________ (copy enclosed) is incomplete /
       incorrect in the following respects: ____________.

3. I request that the information sought be directed to be provided.

4. This appeal is filed within thirty days. [If delayed: I request
   that the delay be condoned for the following reason: ________.]

Enclosures: copy of the RTI application, fee/postal proof,
PIO's reply (if any).

Name / Address / Date / Signature</code></pre>
<h3>What happens next</h3>
<ul>
<li>The FAA is ordinarily required to decide within <strong>30 days</strong>, extendable to a total of <strong>45 days</strong> for reasons to be recorded under Section 19(6).</li>
<li>If the first appeal also fails or goes unanswered, a <strong>second appeal</strong> lies to the Central Information Commission for central authorities or the State Information Commission for state authorities <strong>within 90 days</strong> under Section 19(3). The Commission can direct disclosure and, in appropriate cases, impose penalties on the PIO under Section 20.</li>
</ul>
<h3>Practical tips</h3>
<ul>
<li>Always attach the postal or fee proof. It establishes the date from which the time limit ran.</li>
<li>Keep the appeal factual and short: what was asked, what happened, and what you want.</li>
<li>Do not file a fresh RTI instead of an appeal when the first one is ignored. The appeal is the remedy the Act provides and preserves your timeline.</li>
</ul>
<p><em>Reviewed by Adv. Syed Musab Rahim Hashmi. Contributed by <a title="External website that opens in new window" href="https://filemyrti.com/" target="_blank" rel="noopener">FileMyRTI</a></em></p>