RTI First Appeal under Section 19(1)

A First Appeal under Section 19(1) of the Right to Information Act, 2005 is the first-level remedy when a PIO refuses an RTI, ignores it, gives incomplete information, or overcharges the fee. It is filed to the First Appellate Authority (FAA) of the same public authority within 30 days of the PIO order or deemed refusal. The FAA has 30 days (extendable to 45) to decide.

Part of the PIO / FAA Knowledge Base.

• Legal basis — Section 19(1), Right to Information Act, 2005.
• When — within 30 days of the PIO reply, or after the 30-day §7(1) window if no reply (deemed refusal under §7(2)).
• To whom — the First Appellate Authority (FAA), an officer senior in rank to the PIO, designated under §19(1).
• FAA timeline — 30 days to decide; extendable to 45 days with written reasons.
• No fee — a First Appeal does not carry a filing fee under Central RTI Rules, 2012.
• Before appeal — check that your original application followed the valid RTI application format and the correct Central or State RTI portal.

Section 19 — First Appeal: Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

• Bhagat Singh v. CIC (Delhi HC 2007) — FAA must write a reasoned speaking order; summary affirmation is set aside on writ.
• C. Muniyappan v. State of TN (Madras HC 2013) — Procedural defects like skipped §11 notice are fatal at First Appeal stage.
• Aditya Bandopadhyay v. CBSE (SC 2011) — Fiduciary claims under §8(1)(e) must be specifically justified.
• UoI v. Central Information Commission (Delhi HC 2012) — FAA orders are quasi-judicial; principles of natural justice apply.

Browse the full case-law database — 362 curated rulings for more.

From: [Your name]
      [Your postal address, phone, email]

To: The First Appellate Authority,
    [Designation — e.g., Additional Secretary, Ministry of ___],
    [Office address]

Subject: First Appeal under Section 19(1) of the RTI Act, 2005 against the
reply / non-reply of the CPIO / PIO dated [date] on RTI No. [RTI registration no.]

Respected Sir / Madam,

1. I filed an RTI application dated [date of filing] before [PIO designation]
   seeking [brief 1-line description]. A copy is enclosed as Annexure A.

2. The reply / failure to reply is set out below, along with the specific
   grounds on which this First Appeal is preferred:

   (a) [Ground 1 — e.g., "The CPIO has rejected item 3 under Section 8(1)(j)
       without reasoning the 'no relationship to public activity' element"]
   (b) [Ground 2 — e.g., "No severance under Section 10 has been attempted
       for items 1 and 2 which contain severable exempt and non-exempt parts"]
   (c) [Ground 3 — e.g., "Section 11 third-party notice was mandatory but
       has not been issued, as required by C. Muniyappan (Madras HC 2013)"]

3. Prayer: I pray that the First Appellate Authority:
   (i) set aside the PIO\'s impugned order dated [date];
   (ii) direct the PIO to furnish the complete information sought within
        15 days of this order;
   (iii) direct the PIO to show cause why penalty under Section 20(1)
         should not be imposed for the mala fide / unreasonable refusal.

Respectfully submitted,

[Signature]
[Name]
[Date]

Enclosures: A — Copy of RTI application dated [date];
            B — Copy of PIO reply dated [date] (if received);
            C — Any supporting documents.

• Blanket invocation without a specific statutory anchor and reasoning.
• Skipping public-interest balancing under §8(2) where an override is plausible.
• Generic “sensitive” labels instead of the precise clause.
• Missing 30-day clock tracking — §7(1) drives downstream appeals.
• No severance attempt under §10 where parts of the record are disclosable.

Q1. Is there a fee for filing a First Appeal?

No. Under the Central RTI Rules, 2012, a First Appeal has no filing fee. Some State rules differ; check your State fee table.

Q2. Can I file a First Appeal even if I received a reply?

Yes, if the reply is inadequate, incomplete, wrongly denied, or fee incorrectly charged. You are “aggrieved” within §19(1).

Q3. Can I directly file a Second Appeal?

No. The First Appeal is mandatory before reaching the CIC/SIC under §19(3).

Q4. What if my 30-day window has lapsed?

The proviso to §19(1) allows the FAA to admit a late appeal if you show sufficient cause. Draft a condonation application.

Q5. Does the FAA always hold a hearing?

Not mandatory, but many FAAs do hold them. Principles of natural justice require reasoned orders and opportunity to be heard in contested matters.

• Sibling framework pages: §19(1) First Appeal Guide · §19(3) Second Appeal · §20 Penalty · §22 Override · §24 Exempt Bodies
• Procedure side: PIO Reply Guide · FAA Speaking-Order Guide
• §8 exemption deep-dives: §8(1)(j) · §8(1)(e) · §8(1)(h) · §8(1)(i)
• Full Act text: RTI Act with DPDP 2025 overlay
• Landmark rulings: 362 curated RTI cases

• PIO / FAA Knowledge Base (hub)
• All 10 grounds for RTI rejection
• Appellate review checklist
• RTI Glossary — 40 essential terms

• Right to Information Act, 2005.
• Digital Personal Data Protection Act, 2023, §44(3) — notified 14 November 2025.
• Supreme Court and High Court judgments cited above.
• Central Information Commission and State Information Commission decisions, as indexed in our case-law database.

Last reviewed: 24 April 2026.