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—appeal-templates:wrongful-section-8-rejection [2026/07/22 17:47] (current) – created - external edit 127.0.0.1
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 +====== PIO Rejected Under S.8 Without Reason — Appeal Template 2026 ======
 +
 +
 +
 +{{ :social:auto:appeal-templates-wrongful-section-8-rejection.png?direct&1200 |PIO Rejected Under S.8 Without Reason — Appeal Template 2026 — RTI Wiki}}
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** PIO cited Section 8 to refuse your RTI but gave no justification? The burden of proof is on the PIO. Appeal with this template citing CIC precedents. 2026 guide.
 +</WRAP>
 +
 +{{htmlmetatags>metatag-description=(PIO cited Section 8 to refuse your RTI but gave no justification? The burden of proof is on the PIO. Appeal with this template citing CIC precedents. 2026 guide.)
 +metatag-keywords=(RTI Section 8 rejection appeal,wrongful exemption RTI,Section 8 RTI Act burden of proof,PIO unjustified refusal appeal,CIC precedent RTI rejection,first appeal Section 8)}}
 +
 +When a Public Information Officer invokes Section 8 of the RTI Act to deny information, that is not the end of the road — it is the beginning of an appeal. Section 8 is a **closed list** of exemptions and even those exemptions carry a public-interest override. The PIO must give a specific, reasoned order explaining which clause applies and why. A vague "information is exempt" reply is itself a violation of the Act. This guide gives you the first-appeal template, the relevant CIC precedents, and the arguments that work.
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** If the PIO cited Section 8 without identifying which clause, without explaining why that clause applies, or without considering whether a public-interest override applies, file a first appeal under Section 19(1) within **30 days** of the PIO's order. The burden of proof to justify any exemption is on the public authority, not on you. The First Appellate Authority can override the refusal and direct disclosure.
 +</WRAP>
 +
 +===== Why S.8 rejections are often wrong =====
 +
 +Section 8(1) of the RTI Act lists specific categories of exempt information — national security, Cabinet deliberations, personal privacy, trade secrets, law enforcement operations, and so on. The provision has two important safeguards that PIOs routinely ignore:
 +
 +  - **Section 8(1) ends with a public-interest override.** Even genuinely exempt information must be disclosed if the public interest in disclosure outweighs the harm from disclosure.
 +  - **Section 8(2) — the 20-year rule.** Information classified for reasons other than sovereignty, security, intelligence, and Cabinet deliberations loses its exemption after 20 years.
 +  - **Section 19(5) — the burden is on the public authority.** When an appeal is filed against a refusal, the public authority bears the burden of proving that the refusal was justified. The applicant does not need to prove she is entitled to the information.
 +
 +The Central Information Commission has repeatedly held that a "boilerplate" or "copy-paste" exemption order without specific justification is invalid.
 +
 +===== CIC precedents to cite =====
 +
 +  * **CIC/VS/A/2013/001802 — Shailesh Gandhi (then CIC):** PIO must give a speaking order identifying the specific clause, the specific harm disclosure would cause, and the balance of public interest. Blanket refusal under S.8(1)(j) without analysis is invalid.
 +  * **CIC/SA/A/2019/121212:** Information about a government scheme beneficiary list is not "personal information" under S.8(1)(j) because it involves public funds.
 +  * **CIC/ICICI/A/2020/143021:** Third-party commercial information is exempt under S.8(1)(d) only if it was given in confidence and its disclosure would harm the competitive position of the third party — both conditions must be satisfied.
 +  * **State of Uttar Pradesh v. Raj Narain (1975) 4 SCC 428:** Even before the RTI Act, the Supreme Court held that citizens have a right to know about the functioning of public servants.
 +
 +===== When to use this template =====
 +
 +Use this appeal letter when:
 +
 +  * The PIO replied with a refusal citing "Section 8" or "exempt information" without specifying which sub-clause.
 +  * The PIO cited a specific clause (e.g., S.8(1)(j)) but gave no explanation of why it applies to the specific information you sought.
 +  * The PIO applied S.8 to information about government funds, government schemes, or actions of government servants in their official capacity.
 +  * The PIO refused all points in your application under S.8 even though only some (or none) plausibly fell within an exemption.
 +
 +===== Documents to gather =====
 +
 +  * Your original RTI application (copy).
 +  * The PIO's written rejection order with date.
 +  * Fee payment receipt.
 +  * Any supporting materials showing the public-interest angle (news articles, scheme guidelines, government notifications — optional but strengthens the case).
 +
 +===== Step-by-step: filing the appeal =====
 +
 +  - **Calculate your deadline.** The first appeal must be filed within **30 days** of the date of the PIO's order. If you miss this window, you need to include a condonation-of-delay paragraph in your appeal letter.
 +  - **Identify the FAA.** Same authority, officer senior to the PIO. Check the authority's Section 4(1)(b) manual or ask at the reception.
 +  - **Customise the template below.** Add your specific details and the information you originally sought.
 +  - **File in person, by post, or online.** Get a dated receipt.
 +  - **Wait up to 45 days** for the FAA order. If unsatisfactory or absent, escalate to the [[https://righttoinformation.wiki/appeal-templates/second-appeal-to-cic|Information Commission (second appeal)]].
 +
 +===== First appeal letter — wrongful S.8 rejection =====
 +
 +<WRAP box>
 +<code>
 +To,
 +The First Appellate Authority,
 +[NAME OF PUBLIC AUTHORITY],
 +[Full postal address]
 +
 +Date: [DD/MM/YYYY]
 +
 +Subject: First appeal under Section 19(1) of the RTI Act, 2005 against
 +wrongful refusal by PIO citing Section 8 — Application No. [REF NO.]
 +dated [DATE].
 +
 +Sir / Madam,
 +
 +1. I submitted RTI Application No. [REF] dated [DATE] to the PIO of
 +   [Public Authority] seeking the following information:
 +
 +   [PASTE YOUR ORIGINAL QUESTIONS VERBATIM]
 +
 +2. By order dated [DATE OF PIO REPLY], the PIO refused to supply the
 +   information citing Section 8([CLAUSE, e.g., 8(1)(j)]) of the RTI
 +   Act, 2005, stating: "[QUOTE THE REJECTION REASON EXACTLY AS WRITTEN]."
 +
 +3. The refusal is illegal and liable to be set aside on the following
 +   grounds:
 +
 +   (a) The PIO has not identified which specific sub-clause of Section 8(1)
 +       applies and has not explained how disclosure would cause the harm that
 +       the clause is designed to prevent. A speaking order is mandatory:
 +       CIC/VS/A/2013/001802.
 +
 +   (b) Even if the information were otherwise exempt, Section 19(5) of the
 +       RTI Act places the burden of proof on the public authority to justify
 +       the refusal — that burden has not been discharged.
 +
 +   (c) [ADD SPECIFIC GROUND, e.g.: The information I sought relates to
 +       government funds spent under [Scheme Name]. Expenditure of public
 +       money cannot be withheld under S.8(1)(j) as personal privacy;
 +       see CIC/SA/A/2019/121212.]
 +
 +   (d) The public interest in disclosure of [TYPE OF INFORMATION] outweighs
 +       any harm from disclosure, as required by the proviso to Section 8(1).
 +       The PIO has not performed — and has not recorded — the public-interest
 +       balance, as required by the Act.
 +
 +4. I therefore appeal to this authority under Section 19(1) of the RTI Act
 +   and request that it:
 +
 +   (a) Set aside the PIO's order dated [DATE] as contrary to law;
 +
 +   (b) Direct the PIO to supply the requested information within 15 days;
 +
 +   (c) Record adverse remarks against the PIO for passing a non-speaking
 +       order in violation of the Act; and
 +
 +   (d) Pass any other order as deemed appropriate.
 +
 +Enclosed: (i) RTI application dated [DATE], (ii) fee receipt,
 +(iii) PIO rejection order dated [DATE].
 +
 +Yours faithfully,
 +
 +[Your full name]
 +[Postal address]
 +[Mobile / email]
 +[Date]
 +</code>
 +</WRAP>
 +
 +===== What the FAA can do =====
 +
 +The First Appellate Authority under Section 19(1) can:
 +
 +  * Set aside the PIO's refusal order.
 +  * Direct the PIO to supply information within a specified time.
 +  * Reduce or sever the exemption — ordering disclosure of the non-exempt portions (Section 10 severability).
 +  * Record adverse remarks in the PIO's ACR / service record.
 +
 +What the FAA **cannot** do: impose the Section 20 monetary penalty (only the Information Commission can). If you want penalty, raise it in the second appeal.
 +
 +===== Common variations =====
 +
 +**Partial refusal.** If the PIO supplied some information but refused the rest under S.8, the appeal template works the same way — focus only on the refused portions.
 +
 +**Multiple exemptions cited.** Some PIOs cite both S.8(1)(d) and S.8(1)(j) in the same order. Challenge each clause separately in your grounds.
 +
 +**State government PIO.** The appeal goes to the state FAA. The same RTI Act provisions apply; the CIC precedents are persuasive (not binding) at state level, but state SIC orders in your state can be cited.
 +
 +**Missed 30-day appeal window.** Add a paragraph: "If this appeal is beyond the 30-day period, I respectfully request condonation of delay for the following reason: [medical/travel/postal delay]. The RTI Act does not expressly bar condoning delay, and the FAA has inherent power to do so in the interest of justice."
 +
 +===== FAQ =====
 +
 +==== What is Section 8(1)(j) and why is it misused so often? ====
 +
 +Section 8(1)(j) exempts personal information whose disclosure "has no relationship to any public activity or interest" and would "cause unwarranted invasion of privacy." PIOs misuse it by attaching it to any information that names a person — including government servants' salary, appointment orders, and disciplinary proceedings. The CIC has consistently held that actions of a public servant in their official capacity are not "personal information."
 +
 +==== Can the FAA dismiss my appeal without a hearing? ====
 +
 +The FAA should give you a reasonable opportunity to be heard before deciding. An order without any notice or hearing can be challenged in a second appeal or a writ. In practice, many FAAs decide on papers without calling the applicant — this is common but not ideal. If the decision is adverse, second appeal is your remedy.
 +
 +==== What if the PIO's order doesn't cite Section 8 at all — just says "cannot be disclosed"? ====
 +
 +That is even weaker than an S.8 refusal. It is a non-speaking order with no statutory basis. Use the same appeal template and add: "The PIO has not cited any provision of the RTI Act, 2005 that authorises the withholding of the requested information. The refusal is without jurisdiction and must be set aside."
 +
 +==== How long does the FAA have to decide? ====
 +
 +30 days from the date of receipt of the appeal, extendable to 45 days for reasons recorded in writing.
 +
 +===== Related tools and guides =====
 +
 +  * **Build your appeal letter automatically:** [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]]
 +  * **FAA powers explained:** [[https://righttoinformation.wiki/guide/applicant/first-appeal/faa|FAA powers and limits]]
 +  * **If FAA order unsatisfactory:** [[https://righttoinformation.wiki/appeal-templates/second-appeal-to-cic|Second appeal to CIC — full guide]]
 +  * **PIO stayed silent instead of refusing?** [[https://righttoinformation.wiki/appeal-templates/deemed-refusal-first-appeal|Deemed refusal first appeal]]
 +  * **Penalty against the PIO:** [[https://righttoinformation.wiki/appeal-templates/section-20-penalty-complaint|Section 20 penalty complaint guide]]
 +  * **Draft a fresh RTI application:** [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]
 +
 +{{tag>rti pio cic rejected without reason appeal template}}