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—appeal-templates:deemed-refusal-first-appeal [2026/07/10 21:25] (current) – created - external edit 127.0.0.1
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 +====== PIO Didn't Reply in 30 Days — First Appeal for Deemed Refusal ======
  
 +{{htmlmetatags>metatag-title=(Deemed Refusal First Appeal PIO Silent 30 Days India 2026)&metatag-description=(PIO silent for 30 days? Silence is a deemed refusal under RTI Act S.7 2. File a first appeal immediately — free, no lawyer needed. Template + step-by-step 2026 guide.)
 +metatag-keywords=(deemed refusal RTI,PIO no reply 30 days,first appeal RTI deemed refusal,Section 7(2) RTI Act,RTI first appeal template,FAA appeal letter India)}}
 +
 +If you filed an RTI application and the Public Information Officer (PIO) went silent — no reply, no rejection, no extension notice — the law is unambiguous: that silence is a **deemed refusal** under Section 7(2) of the RTI Act 2005. You have the right to file a first appeal immediately after 30 days. This guide gives you the exact letter, the filing steps, and the common traps to avoid.
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** If your PIO has not replied within 30 days of submitting your RTI application, file a first appeal to the First Appellate Authority (FAA) of the same public authority under Section 19(1) of the RTI Act. The appeal is free and must be decided within 30 days (extendable to 45). No lawyer is required. Use the template below.
 +</WRAP>
 +
 +===== What is a deemed refusal? =====
 +
 +Section 7(1) of the RTI Act 2005 gives the PIO **30 days** to provide information (21 days if the application concerns life or liberty). If the PIO does nothing within that window — no reply, no request for clarification, no transfer notice, no extension request, no rejection — Section 7(2) treats that silence as a **deemed refusal** and the applicant can immediately appeal under Section 19(1).
 +
 +The Supreme Court in **T. Ramakrishnaiah v. State of Andhra Pradesh (2017)** confirmed that silence does not require the applicant to wait further; the first appeal is the correct remedy the moment the deadline lapses.
 +
 +===== When to use this template =====
 +
 +Use this template when **all** of the following are true:
 +
 +  * You submitted a valid RTI application (along with the ₹10 fee or BPL exemption certificate) to the correct PIO.
 +  * More than **30 days** have elapsed from the date of submission (21 days if your application relates to life / liberty of a person).
 +  * You have received **no response at all** — not even an acknowledgement that says the reply will be delayed.
 +  * You have not already filed a first appeal on this specific application.
 +
 +If the PIO replied but refused on the merits, use the [[https://righttoinformation.wiki/appeal-templates/wrongful-section-8-rejection|S.8 rejection appeal template]] instead.
 +
 +===== Step-by-step: filing a first appeal =====
 +
 +  - **Locate the FAA.** Every public authority is required to designate an officer senior to the PIO as the First Appellate Authority. The name and address must be displayed on the authority's public notice board and website. If not visible, look at the RTI manual of that authority (downloadable under Section 4(1)(b)).
 +  - **Prepare your documents.**
 +    - Copy of your original RTI application (with proof of submission / postal receipt / acknowledgement).
 +    - Proof of fee payment (postal order, demand draft, challan, or online receipt).
 +    - Any correspondence received (blank if none).
 +    - Two copies of the appeal letter (one for submission, one for your records with the office stamp).
 +  - **Write the appeal letter.** Use the template in the section below, customising the highlighted fields.
 +  - **File the appeal.** You can file:
 +    - **In person** at the FAA's office — ask for a dated receipt on your copy.
 +    - **By registered post/speed post** — keep the tracking receipt.
 +    - **Online** if the public authority participates in the Central Government RTI Online Portal at [[https://rtionline.gov.in|rtionline.gov.in]]. Log in → My Requests → First Appeal.
 +  - **Wait.** The FAA has **30 days** to decide, extendable to 45 days for written reasons. If the FAA also fails, proceed to a [[https://righttoinformation.wiki/appeal-templates/second-appeal-to-cic|second appeal to the CIC / SIC]].
 +  - **Track the timeline.** Use the [[https://righttoinformation.wiki/tools/timeline-calculator-app.html|RTI Timeline Calculator]] to pin exact deadlines.
 +
 +===== First appeal letter — deemed refusal =====
 +
 +Copy the block below, replace the text in [SQUARE BRACKETS], and print/upload:
 +
 +<WRAP box>
 +<code>
 +To,
 +The First Appellate Authority,
 +[NAME OF PUBLIC AUTHORITY],
 +[Full postal address of the authority]
 +
 +Date: [DD/MM/YYYY]
 +
 +Subject: First appeal under Section 19(1) of the Right to Information Act,
 +2005 — deemed refusal for RTI Application No. [YOUR APPLICATION NUMBER /
 +REFERENCE NUMBER] dated [DD/MM/YYYY].
 +
 +Sir / Madam,
 +
 +1. I, [Your Name], submitted an RTI application dated [DD/MM/YYYY] to the
 +   Public Information Officer (PIO), [Name/Designation if known], [Name of
 +   Public Authority], requesting the following information:
 +
 +   [REPRODUCE YOUR ORIGINAL RTI QUESTIONS VERBATIM, NUMBERED 1, 2, 3…]
 +
 +2. The application was submitted along with the prescribed fee of ₹10 by
 +   [mode: IPO / DD / online payment] bearing receipt No. [RECEIPT NO.] dated
 +   [DATE OF PAYMENT].
 +
 +3. Under Section 7(1) of the RTI Act, 2005, the PIO was required to furnish
 +   the information or communicate a decision within **30 days** of receipt
 +   of the application, i.e., on or before [DEADLINE DATE = application date
 +   + 30 days].
 +
 +4. As on the date of this appeal — [TODAY'S DATE] — I have received no reply,
 +   no intimation of delay, no request for clarification, and no transfer
 +   notice from the PIO. The silence of the PIO constitutes a **deemed
 +   refusal** under Section 7(2) of the RTI Act, 2005.
 +
 +5. In view of the above, I prefer this first appeal under Section 19(1) of
 +   the RTI Act, 2005 and respectfully request this authority to:
 +
 +   (a) Direct the PIO to provide the information sought in my application
 +       within the time frame prescribed under the Act;
 +
 +   (b) Record adverse remarks against the PIO for failure to comply with the
 +       statutory time limit without lawful excuse; and
 +
 +   (c) Pass any other order that this authority deems fit and proper in the
 +       interest of justice.
 +
 +I am enclosing copies of: (i) my original RTI application, (ii) proof of
 +fee payment, and (iii) this appeal letter.
 +
 +Yours faithfully,
 +
 +[Your full name]
 +[Postal address]
 +[Mobile number / email address]
 +[Date]
 +
 +Enclosures:
 +  1. Copy of RTI application dated [DATE] (pages: ___)
 +  2. Fee payment receipt (pages: ___)
 +</code>
 +</WRAP>
 +
 +===== Common variations =====
 +
 +**State vs Central government.** The template above works for both. For state government authorities, the appeal goes to the state FAA. If the authority participates in the state's online portal (e.g., Rajasthan, Maharashtra, UP all have portals), use the online route for a date-stamped record.
 +
 +**Filed online via rtionline.gov.in.** Your application reference number is your "Registration No." shown in the portal. Upload the PDF of this letter in the "First Appeal" tab.
 +
 +**Posted by speed post.** Write on the envelope: "RTI First Appeal — FAA." Keep the tracking number. The date of posting counts as date of filing.
 +
 +**No fee for BPL applicants.** If you had filed as a BPL applicant (with BPL certificate), no fee is required at the appeal stage either.
 +
 +**Application transferred mid-way.** If the PIO transferred your application under Section 6(3) to another authority and you have no reply from the new authority, the 30-day clock started afresh at the date of transfer. Address the first appeal to the FAA of the **new** authority.
 +
 +===== FAQ =====
 +
 +==== Do I pay a fee to file a first appeal? ====
 +
 +No. First appeals under Section 19(1) are completely free of charge. No court fee, no stamp, no application fee.
 +
 +==== What if I don't know the name of the FAA? ====
 +
 +Address the letter to "The First Appellate Authority, [Name of public authority]" — the designation is enough. The authority's RTI manual (Section 4(1)(b)(xvi)) must list the FAA; you can access it on the authority's website or file a new RTI asking for it.
 +
 +==== Can the FAA reject my appeal on procedural grounds? ====
 +
 +Rarely, but it can happen if your original application was not in the prescribed format or was not accompanied by proper fee payment. If so, re-file the original application correctly and restart the 30-day clock.
 +
 +==== What if the FAA also doesn't reply? ====
 +
 +If the FAA fails to decide within 30 days (or 45 days with written reasons), you can file a second appeal directly to the Central Information Commission (for central government authorities) or the State Information Commission (for state authorities). See the [[https://righttoinformation.wiki/appeal-templates/second-appeal-to-cic|second appeal guide]].
 +
 +==== Will the PIO be penalised automatically? ====
 +
 +Not by the FAA. The FAA can record adverse remarks. The penalty of ₹250/day (up to ₹25,000) under Section 20 can only be imposed by the Information Commission — raise this in your second appeal if the FAA order is also unsatisfactory.
 +
 +===== Related tools and guides =====
 +
 +  * **Draft your appeal faster:** [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]] — pre-fills the template for you.
 +  * **Calculate deadlines:** [[https://righttoinformation.wiki/tools/timeline-calculator-app.html|RTI Timeline Calculator]]
 +  * **If first appeal also fails:** [[https://righttoinformation.wiki/appeal-templates/second-appeal-to-cic|Second appeal to CIC — full walkthrough]]
 +  * **PIO invoked an exemption instead of going silent?** [[https://righttoinformation.wiki/appeal-templates/wrongful-section-8-rejection|S.8 wrongful rejection appeal]]
 +  * **General first appeal guidance:** [[https://righttoinformation.wiki/guide/applicant/first-appeal/faa|FAA powers and limits]]
 +  * **Sample RTI applications:** [[https://righttoinformation.wiki/guide/applicant/application/sample/start|Sample RTI library]]
 +===== Deemed refusal first appeal: How to file when the PIO does not respond within 30 days? =====
 +
 +When the PIO does not respond to your RTI application within 30 days, you can file a "deemed refusal" first appeal. Here is the complete guide:
 +
 +  - **Step 1: What is deemed refusal?** (a) under Section 7(2) of the RTI Act, the PIO must respond within 30 days (48 hours for life/liberty), (b) if the PIO does not respond: it is treated as "deemed refusal", (c) you can file a first appeal under Section 19(1) without waiting for a reply, (d) the first appeal deadline is 30 days from the last date of the PIO's response period (i.e., 60 days from filing the RTI).
 +  - **Step 2: How to file.** (a) identify the First Appellate Authority (FAA) — usually the officer senior to the PIO in the same department, (b) draft the first appeal with: (i) the RTI application date and reference number, (ii) the PIO's name and department, (iii) the grounds: "deemed refusal — no response received within 30 days", (iv) the relief sought: information + penalty under Section 20, (c) submit: (i) by post (registered/speed post), (ii) online (if the department has an online RTI portal), (iii) in person, (d) keep proof of submission.
 +  - **Step 3: FAA's obligations.** (a) the FAA must hear the appeal within 30-45 days, (b) the FAA can: (i) order the PIO to provide the information, (ii) impose a penalty of Rs 250 per day (max Rs 25,000) on the PIO, (iii) recommend disciplinary action, (c) the FAA must pass a written order.
 +  - **Step 4: If the FAA does not respond.** (a) if the FAA does not hear the appeal within 45 days: file a second appeal with the Central/State Information Commission, (b) the second appeal must be filed within 90 days of the FAA's decision (or the date the FAA should have decided), (c) the Information Commission can: (i) order disclosure, (ii) impose penalty, (iii) award compensation.
 +  - **Step 5: Penalty under Section 20.** (a) Section 20(1): penalty of Rs 250 per day (max Rs 25,000) for: (i) not providing information within 30 days, (ii) providing incomplete/misleading/false information, (iii) destroying information, (b) Section 20(2): recommendation for disciplinary action against the PIO.
 +  - **Step 6: Compensation.** (a) under Section 19(8)(b), the Information Commission can award compensation to the appellant, (b) the compensation is for the loss/detriment suffered due to non-disclosure, (c) the Commission considers: (i) the nature of the information, (ii) the delay, (iii) the appellant's loss.
 +  - **Step 7: File complaints simultaneously.** (a) file a complaint under Section 18 with the Information Commission (in addition to the second appeal), (b) the Section 18 complaint is for: (i) unreasonable denial, (ii) mala fide denial, (iii) breach of the Act, (c) the Commission can initiate penalty proceedings under Section 18.
 +
 +See [[https://righttoinformation.wiki/rti-section-20-penalty-pio-high-court|Section 20 Penalty]] and [[https://righttoinformation.wiki/guide/find-pio-2026|Find PIO]].
 +
 +{{tag>deemed refusal first appeal section 19 7(2) rti no response 30 days penalty 25000 2026}}