RTI First Appeal under Section 19(1): Complete Filing Guide

• The PIO is silent past the 30-day deadline (“deemed refusal” under Section 7(2)).
• The PIO has rejected under Section 8, Section 9, Section 11, or Section 24, and you do not accept the reason.
• The PIO has supplied part of the information and withheld part without invoking severability under Section 10.
• The PIO has charged an unreasonable fee for photocopies or inspection.
• The PIO has given a non-responsive reply (“file under examination”, “kindly approach another department” without Section 6(3) transfer).

For the master citizen guide, see Guide for applicants.

• 30 days from the PIO's reply, or
• 30 days from the date the PIO's reply was due (day 31 onwards if deemed refusal).
• 5 days later if the application went via APIO (Section 5(2)).
• 40 days after PIO receipt if Section 11 third-party hearing case.

The 30-day appeal limit is strict. The FAA can condone delay only on a written application showing “sufficient cause” under the proviso to Section 19(1).

The First Appellate Authority is an officer:

• Senior in rank to the PIO.
• In the same public authority as the PIO (not in a higher department).
• Designated by name in the Section 4(1)(b) disclosure of the public authority.

In a small public authority where no senior officer exists in the same office, the head of the public authority herself / himself acts as FAA.

If the PIO is the head of the office (e.g., a tehsildar in a small office), the FAA is the next-higher officer in the parent body (e.g., the SDM).

Section 7(2) reads:

• “If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.”

This is the legal foundation for filing a first appeal on day 31. You do not wait for the PIO's late reply. The deemed refusal is itself the ground.

Section 19 itself does not prescribe a fee. The Central RTI (Regulation of Fee and Cost) Rules, 2005, also do not charge a first-appeal fee.

State Rules vary:

• Most States - no first-appeal fee.
• Maharashtra, Bihar - Rs 20 per appeal.
• Some States - court-fee stamp of Rs 5 to Rs 50.

Check the State Rules library for your State.

Frame the appeal around specific grounds. Each ground must:

1. Identify the decision under challenge.
2. Cite the section of the Act under which the PIO acted (or failed to act).
3. State why the PIO was wrong.
4. Cite case law where helpful.
5. Ask for a specific direction in the prayer.

Common grounds:

• Ground 1: Deemed refusal under Section 7(2). PIO did not reply within 30 days; the appeal is the next legal step.
• Ground 2: Wrong invocation of Section 8(1)(j). PIO has refused on “personal information” without applying the post-DPDP Section 8(2) public-interest test.
• Ground 3: No severability under Section 10. PIO has refused the entire record when the exempt portion is small and severable.
• Ground 4: Unreasonable fee. PIO has demanded Rs 50 / page or has not specified the page count.
• Ground 5: Section 6(3) failure. PIO has rejected for being “wrong addressee” without transferring under Section 6(3).
• Ground 6: Misleading reply. PIO has stated facts that are demonstrably wrong.

1. Copy of the original RTI application with date of receipt by the PIO (Speed Post tracking record or rtionline.gov.in registration page).
2. Copy of the PIO's reply (if any) with envelope showing date.
3. Copy of any fee receipt (IPO counterfoil, online challan).
4. BPL card photocopy (if applicable).
5. Any document evidencing loss caused by the delay (for compensation prayer).

To,
The First Appellate Authority,
[Designation, e.g., Joint Secretary]
[Office name and address]

Subject: First Appeal under Section 19(1) of the Right to Information Act, 2005, against the [non-reply / reply] of the Public Information Officer of [public authority] dated [PIO reply date / "no reply received till date"].

Sir/Madam,

I, [Full Name], a citizen of India, prefer this first appeal under Section 19(1) of the Right to Information Act, 2005, against the [non-reply / reply] of the Public Information Officer of [public authority], on the following facts and grounds.

Facts:

1. I filed an RTI application dated [date], received by the PIO on [date], under Section 6(1) of the Act, seeking [brief description of information sought].
2. The PIO was bound to dispose of the application within 30 days under Section 7(1). The 30-day period expired on [date + 30].
3. The PIO has [not replied / replied on date X / replied on date X demanding Rs Y in photocopy charges / refused under Section 8(1)(...)] (a copy of the reply is at Annexure 2).
4. I am aggrieved by the said [non-reply / reply / refusal] for the reasons below.

Grounds:

Ground 1: [State the ground, with section reference and case law.]
Ground 2: [Second ground.]
Ground 3: [Third ground.]

Prayer:

(a) Set aside the [non-reply / reply / refusal] of the PIO dated [date].
(b) Direct the PIO to supply the information sought in the application dated [date], free of cost under Section 7(6) [if applicable].
(c) Make a recommendation under Section 19(8)(b) for compensation in the sum of Rs [amount] for the loss / detriment as set out at paragraph [X] above.
(d) Direct the public authority to update its Section 4(1)(b) disclosure to list the current PIO and FAA.
(e) Pass any other order the First Appellate Authority deems fit.

Yours faithfully,



(Signature)
[Full Name]
[Postal address]
[Phone]
[Email]

Date: [DD/MM/YYYY]
Place: [city]

Enclosures:
1. Copy of RTI application dated [date] with Speed Post receipt.
2. Copy of PIO reply / envelope showing non-receipt.
3. [Other documents.]

A ready, fillable template is at Template: first appeal.

Section 19(6):

• 30 days from receipt of the appeal - ordinary disposal.
• 45 days from receipt - extended limit, only “for reasons recorded in writing”.

If the FAA is silent past 45 days, that itself is a ground to move the second appeal under Section 19(3) to the Information Commission.

The FAA cannot extend beyond 45 days. Any order passed beyond 45 days is open to challenge as having been passed without jurisdiction.

Under Section 19(8), the FAA can:

• Direct disclosure of the information.
• Direct severability under Section 10.
• Quash an unreasonable fee.
• Order compensation to the appellant under Section 19(8)(b).
• Direct the public authority to publish the information under Section 4 (suo motu disclosure).
• Recommend disciplinary action against the PIO (the FAA cannot impose Section 20 penalty - only the Commission can).

Wait for the PIO to comply. The FAA usually fixes a 7- or 15-day period for compliance. If the PIO does not comply, file a second appeal challenging the non-compliance itself.

File a second appeal under Section 19(3) to the Information Commission within 90 days of the FAA order. Format and procedure: second appeal to the Information Commission.

Treat as deemed dismissal. File the second appeal in the same way, citing the FAA silence as the trigger.

In addition to the second appeal, file a complaint under Section 18 to the Information Commission. The two routes can run in parallel. See complaint under Section 18.

No. The Central Government has not prescribed a first-appeal fee.

Centre yes - through rtionline.gov.in under the same registration number as the original RTI. State usually no.

The FAA still adjudicates, because the appeal is on the legality of the original non-reply, not just on whether information has now been supplied. The FAA may still award compensation and recommend disciplinary action.

Yes, under the proviso to Section 19(1), if the appellant shows “sufficient cause”. File a separate condonation application along with the appeal.

No. The FAA can only recommend; only the Information Commission can impose. See penalty and compensation.

Yes, but it is not required. Most FAAs decide on the papers without an oral hearing; some hold a brief hearing. Personal appearance is fine.

This is a violation of Section 19(1), which requires a separate, senior officer. File a complaint under Section 18 to the Information Commission.

That is a Section 4(1)(b) violation. File the appeal addressed to “The First Appellate Authority” at the office address. Add a paragraph asking, as a separate item, for the name of the designated FAA. Lodge a complaint under Section 18 in parallel.

Cite the lack of reasons as a separate ground in the second appeal. The FAA is bound to pass a speaking order under principles of natural justice and the FAA Guidelines issued by DoPT.

Use the AI RTI Drafter. It produces a Section 19(1) draft with the right grounds and prayers built in.

The Act does not expressly say so, but Commissions and FAAs have ordered refund where Section 7(6) has triggered. Add a refund prayer.

• Guide hub
• Guide for applicants
• How to file an RTI under Section 6
• When the reply is free
• Penalty + compensation
• How the FAA decides - short note
• Second appeal under Section 19(3)
• Complaint under Section 18
• RTI time limits
• FAA guide (officer-side)
• Template: first appeal

1. Right to Information Act, 2005 - Sections 7(2), 19(1), 19(6), 19(8).
2. DoPT Master Circular on RTI.
3. cic.gov.in - Central Information Commission.
4. rtionline.gov.in - Central RTI online portal.

Last reviewed: 9 May 2026.

Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:

• PMAY beneficiary status
• NREGA / MGNREGA job card and payment status
• Ration card status
• PM-KISAN Rs 6,000 status
• e-Shram card status

If a status is stuck beyond the official timeline, use the AI RTI Drafter to file in minutes.