courses:citizen-crash:module-03
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| + | ====== Module 03 — Reading replies + First Appeal ====== | ||
| + | |||
| + | {{ : | ||
| + | |||
| + | <WRAP center round info 95%> | ||
| + | **Goal:** By the end of this module, you can spot a defective PIO reply and file a First Appeal. | ||
| + | </ | ||
| + | |||
| + | ===== Anatomy of a good PIO reply ===== | ||
| + | |||
| + | A compliant §7(1) reply has 4 elements: | ||
| + | - **Reference to your application** — date, ref no., and your name. | ||
| + | - **Decision per question** — for each of your sub-points (a), (b), (c)…, the PIO states: allow / part-allow / refuse. | ||
| + | - **Reasoning for any refusal** — must cite the specific §8(1) sub-clause AND give reasons (not just " | ||
| + | - **FAA contact + 30-day window** — the senior officer to whom you can appeal. | ||
| + | |||
| + | ===== The 7 improper-refusal patterns ===== | ||
| + | |||
| + | If you see any of these in the PIO reply, you have grounds for First Appeal: | ||
| + | - **Bare exemption** — " | ||
| + | - **Whole record refused for partial exemption** — §10 severability missed | ||
| + | - **" | ||
| + | - **" | ||
| + | - **"You should know" | ||
| + | - **" | ||
| + | - **No reply at all** — Day 31 = deemed refusal under §7(2) | ||
| + | |||
| + | ===== §10 severability — your strongest weapon ===== | ||
| + | |||
| + | If a PIO refuses **part** of a record under §8, they MUST disclose the rest. Refusing the whole record because part is exempt is a **mandatory ground for FAA to set aside the order.** | ||
| + | |||
| + | Example: you ask for letter sent by SDM to State Govt + names of surveyors + their phone numbers. PIO refuses the whole thing under §8(1)(j) (privacy). Wrong. Letter is disclosable, | ||
| + | |||
| + | ===== How to draft a First Appeal under §19(1) ===== | ||
| + | |||
| + | < | ||
| + | To, | ||
| + | The First Appellate Authority | ||
| + | [Department] | ||
| + | [Same address as PIO] | ||
| + | |||
| + | Subject: First Appeal under Section 19(1) of the RTI Act, 2005 | ||
| + | |||
| + | Sir/Madam, | ||
| + | |||
| + | 1. I, [Your name], a citizen of India, filed an RTI application on [date] (Ref: [your ref no.]). | ||
| + | |||
| + | 2. The PIO's reply dated [PIO reply date] is challenged on the following grounds: | ||
| + | |||
| + | (a) The PIO refused under §8(1)(__) without recording reasons — violation of §7(8)(i). | ||
| + | (b) The PIO did not apply §10 severability when refusing — the non-exempt parts must be disclosed. | ||
| + | (c) The PIO failed to reply by Day 30 (§7(1) deadline expired) — deemed refusal under §7(2). | ||
| + | [pick whichever apply] | ||
| + | |||
| + | 3. I therefore request that the FAA: | ||
| + | (a) Set aside the PIO order; | ||
| + | (b) Direct the PIO to provide the requested information within a stated time; | ||
| + | (c) Consider penalty under §20 against the PIO for unjustified delay/ | ||
| + | |||
| + | Date: [DD-MM-YYYY] | ||
| + | Place: [City] | ||
| + | |||
| + | Enclosures: 1) Original RTI application 2) PIO reply 3) Speed Post AD card | ||
| + | </ | ||
| + | |||
| + | No additional fee for First Appeal (some states charge ₹10). File within 30 days of PIO order. | ||
| + | |||
| + | ===== When to escalate to Second Appeal ===== | ||
| + | |||
| + | If the FAA also fails or dismisses, file **Second Appeal under §19(3)** within **90 days** to: | ||
| + | * **CIC** (Central Information Commission) — for Central public authorities. cic.gov.in. | ||
| + | * **State SIC** — for state public authorities. See [[: | ||
| + | |||
| + | Second Appeal can also include a §20 penalty motion against the PIO and §19(8)(b) compensation claim. | ||
| + | |||
| + | Use our [[https:// | ||
| + | |||
| + | ===== ✅ Quiz ===== | ||
| + | |||
| + | 10 questions, 70% to pass. Take it from your [[: | ||
| + | |||
| + | ===== Next ===== | ||
| + | |||
| + | * [[: | ||
| + | * Next module: **Final exam** — open from your [[: | ||
| + | |||
| + | //Last reviewed: 24 April 2026.// | ||
| + | |||
| + | {{tag> | ||
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