act:section-19
no way to compare when less than two revisions
Differences
This shows you the differences between two versions of the page.
| — | act:section-19 [2026/04/20 19:16] (current) – created - external edit 127.0.0.1 | ||
|---|---|---|---|
| Line 1: | Line 1: | ||
| + | {{htmlmetatags> | ||
| + | metatag-description=(Section 19 of the RTI Act — the appeal architecture. First appeal (19(1)), second appeal to Information Commission (19(3)), remedies (19(8)), burden of proof (19(5)). Full lawyer reference, 2026.)}} | ||
| + | |||
| + | ====== Section 19 — Appeals ====== | ||
| + | |||
| + | {{ : | ||
| + | |||
| + | {{page> | ||
| + | |||
| + | <WRAP center round info 95%> | ||
| + | **In one line:** Section 19 creates a **two-tier appeal system**. The first appeal under 19(1) is to an officer senior to the PIO within 30 days. The second appeal under 19(3) is to the **Information Commission** within 90 days. Section 19(5) places the **burden of proving denial was justified on the PIO**. Section 19(8) gives the Commission expansive remedial powers including compensation. | ||
| + | </ | ||
| + | |||
| + | {{ : | ||
| + | |||
| + | |||
| + | ===== Key sub-sections ===== | ||
| + | |||
| + | * **19(1)** — first appeal to the First Appellate Authority (FAA) within **30 days** of the PIO's reply (or deemed refusal on day 31). | ||
| + | * **19(2)** — third party may appeal within 30 days of the PIO's Section 11 notice. | ||
| + | * **19(3)** — second appeal to Information Commission within **90 days** of the FAA's order (or deemed refusal). | ||
| + | * **19(4)** — Commission gives notice to affected parties. | ||
| + | * **19(5)** — **burden of proving denial was justified is on the PIO**, not the appellant. | ||
| + | * **19(6)** — Commission should dispose of the appeal in 30 days // as far as possible//; in practice, 400+ days average. | ||
| + | * **19(7)** — Commission' | ||
| + | * **19(8)** — Commission can (a) require compliance with the Act, (b) award compensation to appellant, (c) impose Section 20 penalty, (d) reject the appeal. | ||
| + | |||
| + | ===== First appeal — 30-day window ===== | ||
| + | |||
| + | The first appeal is **intra-departmental** — heard by an officer senior in rank to the PIO (usually a Deputy Secretary or Director). No fee for the first appeal on Central matters; some States charge a nominal fee. Grounds: | ||
| + | |||
| + | * PIO failed to reply within 30 days (deemed refusal). | ||
| + | * PIO's reply is non-speaking (no sub-clause, no reasons — see [[act: | ||
| + | * PIO's reply is inaccurate, incomplete, or misleading. | ||
| + | * PIO charged incorrect fee. | ||
| + | |||
| + | Use the [[: | ||
| + | |||
| + | ===== Second appeal — 90-day window to Information Commission ===== | ||
| + | |||
| + | If the FAA has rejected or not responded, second appeal lies to the Central or State Information Commission. Grounds are the same as the first appeal. The Commission conducts its own hearing, often virtual. | ||
| + | |||
| + | Typical timeline (2024-25): | ||
| + | * CIC hearing roster: 12-18 months from filing. | ||
| + | * Some SICs: 6-24 months depending on backlog. | ||
| + | * See [[: | ||
| + | |||
| + | ===== Landmark rulings ===== | ||
| + | |||
| + | **Supreme Court:** | ||
| + | * **//Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345** — SC directions on timely appointment of Information Commissioners and their working conditions. | ||
| + | * **//Chief Information Commissioner v. State of Manipur//, (2011) 15 SCC 1** — Commission has supervisory duty to ensure reasoned orders at every tier. | ||
| + | |||
| + | **High Courts:** | ||
| + | * **//Namit Sharma v. UoI//, Delhi HC (2012)** — interpreted scope of Commission' | ||
| + | |||
| + | **CIC:** | ||
| + | * **//Mujibur Rahman v. CIC//, Delhi HC** — the Commission must afford reasonable opportunity of hearing before imposing Section 20 penalty. | ||
| + | * **//CBEC v. Mange Ram//**, CIC — Section 19(8)(b) compensation should be specific to the harm. | ||
| + | |||
| + | ===== Section 19(8) — the Commission' | ||
| + | |||
| + | * **19(8)(a)(i)** — require disclosure of information. | ||
| + | * **19(8)(a)(ii)** — require the public authority to appoint a CPIO if none. | ||
| + | * **19(8)(a)(iii)** — publish certain information. | ||
| + | * **19(8)(a)(iv)** — make necessary changes to practice relating to record management. | ||
| + | * **19(8)(a)(v)** — enhance training for officials on the Act. | ||
| + | * **19(8)(a)(vi)** — provide annual report under Section 4(1)(b). | ||
| + | * **19(8)(b)** — award compensation for any loss or detriment. | ||
| + | * **19(8)(c)** — impose penalties under Section 20. | ||
| + | |||
| + | ===== Drafting strategy ===== | ||
| + | |||
| + | ==== First appeal — paragraph template ==== | ||
| + | |||
| + | < | ||
| + | To the First Appellate Authority under Section 19(1) of the | ||
| + | Right to Information Act, 2005. | ||
| + | |||
| + | 1. The PIO's reply dated [X] is non-speaking in that it does | ||
| + | not cite any sub-clause of Section 8 or Section 9, does not | ||
| + | apply the exemption to the facts, and does not consider | ||
| + | | ||
| + | | ||
| + | |||
| + | 2. Per Section 19(5), the onus of proving denial was justified | ||
| + | lies on the PIO. The PIO has not discharged that burden. | ||
| + | |||
| + | 3. The appellant prays that the FAA set aside the reply and | ||
| + | | ||
| + | | ||
| + | not be imposed. | ||
| + | </ | ||
| + | |||
| + | ==== Second appeal template ==== | ||
| + | |||
| + | See our [[: | ||
| + | |||
| + | ===== Tracking your CIC appeal ===== | ||
| + | |||
| + | Once the second appeal is filed, track via: | ||
| + | * **cic.gov.in/ | ||
| + | * **Email alerts** — register a verified email. | ||
| + | * **AI summarisation** of each order — see [[: | ||
| + | |||
| + | ===== Call to action ===== | ||
| + | |||
| + | If your RTI has been refused or delayed, follow the 30 → 90 → hearing path: | ||
| + | - Day 31: file **first appeal** using [[: | ||
| + | - Day 30 after FAA order (or day 75 if no FAA order): file **second appeal** using [[: | ||
| + | - Track proceedings via [[: | ||
| + | |||
| + | ===== Related ===== | ||
| + | |||
| + | * [[act|Back to the full RTI Act]] | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | - RTI Act, 2005, Section 19. | ||
| + | - //Anjali Bhardwaj v. Union of India//, (2020) 11 SCC 345. | ||
| + | - //CIC v. State of Manipur//, (2011) 15 SCC 1. | ||
| + | - //Mujibur Rahman v. CIC//, Delhi HC. | ||
| + | - CIC Annual Report 2023-24 (timelines). | ||
| + | |||
| + | //Last reviewed on: 21 April 2026// | ||
| + | |||
| + | {{tag> | ||
Was this helpful?
— views
Thanks for the signal.
act/section-19.txt · Last modified: by 127.0.0.1
