Module 03 — Reading replies + First Appeal

A compliant §7(1) reply has 4 elements:

1. Reference to your application — date, ref no., and your name.
2. Decision per question — for each of your sub-points (a), (b), ©…, the PIO states: allow / part-allow / refuse.
3. Reasoning for any refusal — must cite the specific §8(1) sub-clause AND give reasons (not just “§8(1)(j) personal information” — must say WHY personal).
4. FAA contact + 30-day window — the senior officer to whom you can appeal.

If you see any of these in the PIO reply, you have grounds for First Appeal:

1. Bare exemption — “§8(1)(j)” without reasons → §7(8)(i) violation
2. Whole record refused for partial exemption — §10 severability missed
3. “Information not available” — without searching → bad faith
4. “Voluminous, file inspection only” — sometimes valid, but PIO must offer a date + place
5. “You should know” — never a valid response
6. “This is policy / under consideration” — pre-decisional notings might be exempt; bald “policy” is not
7. No reply at all — Day 31 = deemed refusal under §7(2)

If a PIO refuses part of a record under §8, they MUST disclose the rest. Refusing the whole record because part is exempt is a mandatory ground for FAA to set aside the order.

Example: you ask for letter sent by SDM to State Govt + names of surveyors + their phone numbers. PIO refuses the whole thing under §8(1)(j) (privacy). Wrong. Letter is disclosable, surveyor names usually disclosable, phones need §11. PIO should sever, not refuse outright.

To,
The First Appellate Authority
[Department]
[Same address as PIO]

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

Sir/Madam,

1. I, [Your name], a citizen of India, filed an RTI application on [date] (Ref: [your ref no.]).

2. The PIO's reply dated [PIO reply date] is challenged on the following grounds:

   (a) The PIO refused under §8(1)(__) without recording reasons — violation of §7(8)(i).
   (b) The PIO did not apply §10 severability when refusing — the non-exempt parts must be disclosed.
   (c) The PIO failed to reply by Day 30 (§7(1) deadline expired) — deemed refusal under §7(2).
   [pick whichever apply]

3. I therefore request that the FAA:
   (a) Set aside the PIO order;
   (b) Direct the PIO to provide the requested information within a stated time;
   (c) Consider penalty under §20 against the PIO for unjustified delay/refusal.

Date: [DD-MM-YYYY]                                       Signature: ________
Place: [City]                                            Name + address + phone

Enclosures: 1) Original RTI application 2) PIO reply 3) Speed Post AD card

No additional fee for First Appeal (some states charge ₹10). File within 30 days of PIO order.

If the FAA also fails or dismisses, file Second Appeal under §19(3) within 90 days to:

• CIC (Central Information Commission) — for Central public authorities. cic.gov.in.
• State SIC — for state public authorities. See state portals page for SIC contact.

Second Appeal can also include a §20 penalty motion against the PIO and §19(8)(b) compensation claim.

Use our First Appeal Builder for §19(1); for Second Appeal templates, see the CPD Module 10.

10 questions, 70% to pass. Take it from your course dashboard.

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Last reviewed: 24 April 2026.