How the First Appellate Authority Decides an RTI Appeal

Direct answer. Once a first appeal under Section 19(1) reaches the FAA, the FAA must record the appeal, give a reasonable opportunity of hearing to both the appellant and the PIO, and pass a speaking order within 30 days (extendable to 45 days for written reasons). The FAA's powers under Section 19(8) include directing disclosure, applying severability, quashing fees, and ordering compensation. The FAA cannot impose a Section 20 penalty - only the Information Commission can. Canonical filing guide: first appeal under Section 19(1).

This is a short companion page on how the FAA decides the appeal once filed. For the filing guide (when, where, format, prayers), open the canonical page: first appeal under Section 19(1).

Stage 1: receipt and registration

The FAA's office:

  1. Records the appeal in the FAA register with a serial number and date of receipt.
  2. Issues an acknowledgement to the appellant.
  3. Calls the file from the PIO with the original RTI application, the PIO's reply (if any), and the file noting.

Stage 2: hearing

The FAA must give a reasonable opportunity of hearing to:

  • The appellant (who may appear in person or by an authorised representative).
  • The PIO whose order is under challenge.
  • Any third party affected by the disclosure under Section 11.

Most FAAs decide on the papers; some fix a date for an oral hearing. The hearing can be by video conferencing where the appellant requests it.

Stage 3: what the FAA can do under Section 19(8)

  • Direct disclosure of the information.
  • Direct severability under Section 10 - release the non-exempt portion.
  • Apply the post-DPDP Section 8(2) public-interest test in personal-information cases.
  • Quash an unreasonable fee.
  • Order compensation under Section 19(8)(b) for loss / detriment.
  • Recommend disciplinary action against the PIO (cannot impose).
  • Direct the public authority to publish the information under Section 4 suo motu.

Stage 4: timeline

  • 30 days from receipt - ordinary disposal limit.
  • 45 days - extended limit, only “for reasons recorded in writing”.
  • After 45 days - the FAA loses jurisdiction; the appellant moves the second appeal to the Information Commission.

Stage 5: speaking order

The FAA's order must:

  1. Set out the appellant's grounds in summary.
  2. Set out the PIO's reply.
  3. Apply the relevant section of the Act (typically 7, 8, 10, 11).
  4. Reach a clear finding on each ground.
  5. Pass a clear, time-bound direction.

A non-speaking “appeal dismissed” order is open to challenge in the second appeal as having been passed without due application of mind.

For the structure of a model speaking order, see the officer-side FAA guide and the speaking order template.

Frequently asked questions

Where is the canonical filing guide?

First appeal under Section 19(1) - the canonical guide for citizens filing the appeal. This page is a short companion on how the FAA decides.

Can the FAA impose a Section 20 penalty?

No. Only the Information Commission can. The FAA can recommend.

Does the FAA hold a hearing?

The FAA must offer a reasonable opportunity of hearing. Most decide on the papers; an oral hearing is held where the appellant requests it or where the FAA wants to clarify a fact.

What is the time limit for the FAA's decision?

30 days, extendable to 45 with recorded reasons. After 45 days, the appellant can move directly to the Information Commission under Section 19(3).

What does the FAA do if the PIO is silent during the appeal?

The FAA decides on the basis of the record and the appellant's submissions. The PIO's silence is treated as confirmation of the appellant's facts.

Can the FAA order compensation?

Yes, under Section 19(8)(b), if the appellant proves loss or detriment.

Can the FAA order a refund of the original Rs 10 fee?

The Act does not expressly say so, but FAAs have ordered refunds where Section 7(6) (free supply for delay) has triggered.

Where do I file if the FAA is silent past 45 days?

Move directly to the Information Commission under Section 19(3). The FAA's silence is a deemed dismissal.

Sources verified

  1. Right to Information Act, 2005 - Sections 19(1), 19(6), 19(8).
  2. cic.gov.in - Central Information Commission.

Last reviewed: 9 May 2026.

Download printable guide

The First Appeal Kit contains a ready-to-use template letter under §19(1), a filing checklist, and five CIC precedents you can cite. Print and adapt — no login, no fee.

Download First Appeal Kit (PDF, free)

More downloadable guides: RTI Downloads.

Stuck scheme or document? Check the status first

Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:

If a status is stuck beyond the official timeline, use the AI RTI Drafter to file in minutes.

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