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—faa-appellate-review-checklist [2026/07/10 22:23] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>
 +metatag-keywords=(faa rti checklist, first appellate authority review, faa speaking order, section 19 6 rti)
 +metatag-title=(FAA Appellate Review Checklist RTI India 2026)&metatag-description=(A 12-point checklist for First Appellate Authorities to review PIO orders, draft §19 6 speaking decisions, and avoid second-appeal reversal at the Information.)
 +}}
  
 +====== FAA appellate review — 12-point checklist (§19(6) speaking order) ======
 +{{:social:auto:faa-appellate-review-checklist.png?direct&1200 |FAA appellate review — 12-point checklist (§19(6) speaking order) — RTI Wiki}}
 +
 +
 +<WRAP info>
 +The First Appellate Authority is not a rubber-stamp on the PIO. Under §19(6), the FAA must dispose of every appeal within 30 days (extendable to 45 with written reasons), pass a "speaking order" giving reasons, and where a denial is found unjustified — direct disclosure, impose costs on the PIO, and in serious cases recommend §20 penalty action. A poorly reasoned FAA order is itself a ground for second appeal.
 +</WRAP>
 +
 +===== Statutory framework =====
 +RTI Act §19(1)–(8); §19(6) timeline; §19(8)(a) cost / penalty recommendation power; §10 severability application by FAA; §20(1) penalty referral.
 +
 +===== Key principles =====
 +  * FAA acts as a quasi-judicial body — must hear both sides under natural justice.
 +  * Specific Section 8/9/11/24 grounds invoked by PIO must be tested individually.
 +  * Public-interest override is the FAA's strongest tool — apply where applicant has shown overriding interest.
 +  * Severability under §10 is a constant duty — FAA must direct partial release where PIO refused fully.
 +  * Time-bar (30/45 days) is mandatory — silence by FAA = applicant can move IC directly.
 +  * Cost-imposition under §19(8)(a) is meaningful deterrent against frivolous PIO refusals.
 +
 +===== Decision framework =====
 +  - **Verify the 30-day window** — Appeal received within 30 days of PIO order? If not, condonation request needs reasoning.
 +  - **Check natural justice — both parties heard** — PIO and applicant must have opportunity to argue. Hearings may be in person, telephonic, or written.
 +  - **Identify the precise §8/§9/§11/§24 ground** — PIO must have invoked specific clauses. Generic "exempt under §8" = automatically reversed.
 +  - **Apply public-interest override (where applicable)** — For §8(1)(d), (e), (j) and §9 — does the larger public interest in disclosure outweigh harm?
 +  - **Apply §10 severability** — Even if part is exempt, what portion is non-exempt? Order partial release.
 +  - **Test claimed harm against record** — Does the PIO's claimed harm (e.g., security, fiduciary) actually arise from this specific record?
 +  - **Evaluate §11 third-party procedure (if invoked)** — Did PIO actually issue notice + consider objection? If procedural, set aside.
 +  - **Check whether PIO did §6(3) transfer correctly** — If wrong PA, did PIO transfer within 5 days?
 +  - **Assess fee charged** — Was fee within state schedule? Any over-charge is reason for direction.
 +  - **Consider §19(8)(a) cost imposition** — For unjustified delay/denial, can impose costs on PIO personally or on PA.
 +  - **Refer for §20 penalty if pattern** — Serial delays warrant referral to Information Commission for §20 action.
 +  - **Issue speaking order in writing** — Cite specific reasons + record-references + sections + decisions. Sign + date + dispatch.
 +
 +===== Template =====
 +<code>
 +In the matter of First Appeal under §19(1) of the RTI Act, 2005
 +
 +Appellant: [Name + Address]
 +Respondent PIO: [Name + Designation + Office]
 +
 +Date of impugned PIO order: [date]
 +Date of First Appeal: [date] (within statutory 30-day window)
 +Date of hearing: [date]
 +
 +PIO's position:
 +[Summarise the impugned order's grounds — specific section(s) invoked, reasoning advanced]
 +
 +Applicant's contentions:
 +[Summarise grounds of appeal]
 +
 +ANALYSIS:
 +
 +1. The impugned order rejects the request citing §[X]. As held in [case], generic citation of a section without record-specific analysis is unsustainable.
 +
 +2. On the public-interest override under §8(2), the appellant has shown / has not shown a larger public interest in disclosure that outweighs the harm.
 +
 +3. Severability under §10: portions [A, B] are non-exempt and must be released even if portion [C] is held exempt.
 +
 +4. The PIO's [other ground] is set aside / upheld for the following reasons: [...]
 +
 +ORDER:
 +
 +The first appeal is allowed in part / fully allowed / dismissed. The respondent PIO is directed to:
 +(a) Provide the information specified in queries [1, 3, 5] within 15 days of receipt of this order, in [form];
 +(b) Apply §10 to release the non-exempt portion of [record name];
 +(c) Refund any excess fee charged;
 +(d) [Where pattern of delay] This office shall refer the matter to the Information Commission under §20(1) for considering penalty action.
 +
 +If aggrieved, the parties may approach the Information Commission under §19(3) within 90 days.
 +
 +[FAA Name + Designation + Office Stamp + Date]
 +</code>
 +
 +===== Illustrations =====
 +==== PIO denied "personal information" without analysis ====
 +Set aside; direct §10 severability — release work-record portions.
 +
 +==== PIO transferred wrong subject under §6(3) but kept some questions ====
 +Partial denial: FAA can order partial transfer + remainder reply.
 +
 +==== PIO offered §7(9) inspection but applicant refused ====
 +FAA can uphold §7(9) compliance if alternative was reasonable.
 +
 +==== PIO charged Rs 50/page (state schedule Rs 2) ====
 +Direct refund of excess + cost order under §19(8)(a).
 +
 +==== PIO never replied (deemed refusal §7(2)) ====
 +Direct disclosure within 15 days + consider penalty referral.
 +
 +===== Case law anchors =====
 +  * **CIC v Manohar Parikkar Foundation (CIC 2018)** — FAA cannot act as rubber-stamp; must apply mind to each ground.
 +  * **Aditya Bandopadhyay v CBSE (SC 2011)** — Public-interest override is the standard FAA tool against blanket §8 refusals.
 +  * **Bhagat Singh v CIC (Delhi HC 2007)** — Speaking orders mandatory at FAA stage too.
 +  * **R.K. Jain v %%UoI%% (SC 2013)** — Post-decision file notings disclosable; FAA must direct release.
 +
 +===== Common mistakes =====
 +  * Treating appeal as routine paperwork — passing brief order without analysis.
 +  * Confirming PIO without addressing applicant's grounds.
 +  * Missing the 30/45-day deadline — exposes you + applicant moves to IC directly.
 +  * Failing to apply §10 severability where PIO refused fully.
 +  * Ignoring §19(8)(a) cost-imposition power — PIOs not deterred from frivolous refusals.
 +  * Not referring serial offenders for §20 penalty.
 +
 +===== Pro tips =====
 +  * Hold a hearing where both sides argue — even if 15 minutes telephonic. Improves order quality.
 +  * Maintain a per-PIO compliance log — flag patterns at department review.
 +  * Use a standard template: facts → contentions → analysis → directions → appeal info.
 +  * Cite the specific case-law / CIC ruling — pre-empts second appeal reversal.
 +  * For complex fee disputes, consult finance department before deciding.
 +  * Where PA bears institutional cost (e.g., refund of excess fee), document via PA's own compliance order.
 +
 +===== FAQs =====
 +==== Can I extend beyond 45 days? ====
 +No — beyond 45 days, applicant can directly approach IC under §19(3). Your jurisdiction lapses.
 +
 +==== Can I order disclosure of more than what was originally asked? ====
 +No — you can only direct release of what was originally sought (within the queries framed).
 +
 +==== Can I impose personal costs on PIO? ====
 +Yes — under §19(8)(a) you can impose costs. They are recoverable from PIO personally if PIO acted in bad faith.
 +
 +==== What if PIO cites a CIC ruling that supports denial? ====
 +Test it — is it binding precedent (SC) or persuasive (CIC)? You have authority to depart with reasons.
 +
 +==== What if applicant withdraws during appeal? ====
 +Record withdrawal + dispose. But §20 penalty referral can still be made for the original delay.
 +
 +===== Related reading =====
 +  * [[:pio-faa-knowledge-base|pio faa knowledge base]]
 +  * [[:faa-section-19-8-powers|faa section 19 8 powers]]
 +  * [[:faa-privacy-public-interest-balancing|faa privacy public interest balancing]]
 +  * [[:pio-speaking-replies|pio speaking replies]]
 +  * [[:act:section-19|act/section-19]]
 +
 +===== Sources =====
 +RTI Act §19; CIC orders 2007-2024; Aditya Bandopadhyay v CBSE (SC 2011); FAA practitioner handbooks.
 +
 +//Last reviewed: 25 April 2026.//
 +
 +{{tag>pio-faa pio rti-act-2005 faa-appellate-review-checklist}}===== FAA Appellate Review Checklist: Complete guide for first appeals under RTI =====
 +
 +FAA Appellate Review Checklist — complete guide for filing and winning first appeals under RTI:
 +
 +  - **Step 1: What is a First Appeal?** (a) a First Appeal is the first level of appeal under the RTI Act (under Section 19(1) — filed with the First Appellate Authority (FAA) — designated by the public authority — under Section 5(1)), (b) who can file: (i) the RTI applicant (if the PIO did not respond — or gave incomplete/wrong information — or rejected the application), (ii) a third party (if the PIO disclosed the third party's information — and the third party wants to appeal against the disclosure — under Section 19(2)), (c) the timeline: (i) within 30 days of the PIO's response (or the deemed response — if the PIO did not respond — the 30 days start from the date the PIO was supposed to respond — i.e., 30 days from the RTI application), (ii) the FAA can condone a delay of 15 days (if the appellant shows sufficient cause — under Section 19(1) — so the maximum time is 45 days), (d) the FAA must respond within 30 days (of receiving the appeal — or within 45 days — if the FAA extends the time — under Section 19(6) — the FAA must record the reasons in writing).
 +  - **Step 2: Grounds for appeal.** (a) no response from the PIO (the PIO did not respond within 30 days — this is a deemed refusal — and the appellant can file the first appeal — without waiting for the PIO's response), (b) incomplete information (the PIO responded — but gave only partial information — or did not answer all the questions — or referred to other sources — without providing the information), (c) wrong information (the PIO gave wrong information — or outdated information — or information that does not match the records), (d) rejection without valid reasons (the PIO rejected the application — citing Section 8 or 9 — but: (i) did not cite the specific sub-section — or (ii) cited the wrong sub-section — or (iii) the exemption does not apply — or (iv) the public interest override under Section 8(2) was not considered), (e) excessive fees (the PIO demanded excessive fees — for copying, search, or compilation — beyond the prescribed rates), (f) severability not applied (the PIO rejected the entire request — without applying Section 10 — severability — which requires the PIO to sever the exempt portion and provide the rest), (g) third party procedure not followed (the PIO disclosed third party information — without following the Section 11 procedure — or the PIO refused to disclose — without giving the third party a chance to respond).
 +  - **Step 3: How to draft the appeal.** (a) the appeal should be in writing (on plain paper — or in the prescribed format — if the state has a format), (b) the appeal should contain: (i) the appellant's name and address (and the RTI application number — and the date), (ii) the PIO's name and address (and the public authority), (iii) the grounds for appeal (the specific grounds — from the list above — with details), (iv) the relief sought (the specific information requested — and any additional relief — like penalty, compensation), (v) the documents (the RTI application copy — the PIO's response copy — and any other relevant documents), (c) the appeal should be specific (cite the specific question — and the PIO's response — and the reason why the response is inadequate — or the exemption does not apply), (d) the appeal should cite the law (cite the specific section — Section 7, 8, 10, 11, 19 — and the CIC/SIC orders — if applicable — and the Supreme Court/High Court judgments — if applicable), (e) the appeal should be concise (not more than 2-3 pages — the FAA has limited time — and a long appeal may not be read).
 +  - **Step 4: The FAA's powers.** (a) the FAA can: (i) order the PIO to provide the information (within a specified timeline — and in the specified format), (ii) uphold the PIO's decision (if the rejection was valid — with reasons), (iii) order the PIO to apply severability (and provide the non-exempt portions — under Section 10), (iv) order the PIO to follow the third party procedure (under Section 11 — before disclosing third party information), (v) reduce the fees (if the PIO demanded excessive fees), (vi) recommend a penalty (against the PIO — under Section 20(1) — but the FAA cannot impose a penalty directly — only the Information Commission can), (b) the FAA must record reasons (for the decision — in writing — and the order must be sent to the appellant — and the PIO — within 30 days — or 45 days), (c) the FAA's order is binding on the PIO (but the appellant can file a second appeal — with the Information Commission — if not satisfied).
 +  - **Step 5: Common FAA issues.** (a) FAA not designated (the public authority has not designated an FAA — or the FAA post is vacant — or the FAA is additional charge — and does not respond), (b) FAA does not respond (the FAA does not respond within 30 days — or 45 days — and the appellant has to file a second appeal — with the Information Commission), (c) FAA upholds the PIO's rejection (without independent reasoning — the FAA simply agrees with the PIO — without examining the merits — this is a common problem — and the appellant should file a second appeal), (d) FAA is biased (the FAA is the PIO's superior — and may be biased — in favour of the PIO — and against the appellant), (e) FAA does not have the power to impose penalties (the FAA can only recommend a penalty — the actual penalty is imposed by the Information Commission — under Section 20), (f) FAA does not hold a hearing (the FAA decides the appeal on the basis of the documents — without hearing the appellant — which is against natural justice — and the appellant should demand a hearing).
 +  - **Step 6: Filing a Second Appeal.** (a) if the FAA does not respond — or the appellant is not satisfied with the FAA's order: file a second appeal (with the Information Commission — Central or State — under Section 19(3)), (b) the timeline: within 90 days of the FAA's order — or non-response (the Commission can condone the delay — if sufficient cause is shown), (c) the second appeal should include: (i) the RTI application (copy), (ii) the PIO's response (copy), (iii) the first appeal (copy), (iv) the FAA's order (copy — if any), (v) the grounds for the second appeal (the specific reasons — why the FAA's order is wrong — or why the PIO's rejection is wrong), (vi) the relief sought (the information — and the penalty — and the compensation), (d) the Commission can: (i) order the PIO to provide the information (within a specified timeline), (ii) impose a penalty (Rs 250 per day — up to Rs 25,000 — under Section 20(1)), (iii) recommend disciplinary action (against the PIO — under Section 20(2)), (iv) order compensation (to the appellant — under Section 19(8)(b)).
 +  - **Step 7: Checklist for winning the first appeal.** (a) file within 30 days (do not delay — the FAA may condone 15 days — but do not rely on it — file within 30 days), (b) cite the specific grounds (do not file a vague appeal — cite the specific ground — e.g., "the PIO rejected under Section 8(1)(d) — but the information is not commercial confidence — it is a public interest matter — and the public interest override under Section 8(2) applies"), (c) attach all documents (the RTI application — the PIO's response — and any other relevant documents — the FAA cannot decide without the documents), (d) demand a hearing (the FAA should hear the appellant — before deciding — demand a hearing — in person or through video conference), (e) cite CIC/SIC orders (if there is a relevant CIC/SIC order — on the same issue — cite it — with the order number — and the date — the FAA is bound by the Commission's orders), (f) cite the Supreme Court/High Court judgments (if there is a relevant judgment — cite it — e.g., CBSE vs. Aditya Bandopadhyay — for file notings — or State of UP vs. Raj Narain — for the right to information), (g) demand penalty (under Section 20(1) — for the PIO's non-response — or wrong rejection — the FAA can recommend a penalty — and the Commission can impose it), (h) demand compensation (under Section 19(8)(b) — for the harm caused by the non-disclosure — the Commission can award compensation), (i) follow up (if the FAA does not respond — within 30 days — file a second appeal — with the Commission — within 90 days), (j) Example: An RTI applicant was denied file notings — by the PIO — citing Section 8(1)(d) — the appellant filed a first appeal — citing: (i) the CBSE vs. Aditya Bandopadhyay judgment (file notings are disclosable), (ii) the specific ground (the information is not commercial confidence — it is a policy decision), (iii) the relief (the file notings — with severability under Section 10) — the FAA ordered the PIO to provide the file notings — with severability — within 15 days.
 +
 +See [[https://righttoinformation.wiki/faa-appellate-review-checklist|FAA Review Checklist]] and [[https://righttoinformation.wiki/guide/first-appeal|First Appeal]].
 +
 +{{tag>faa appellate review checklist first appeal rti section 19 pio rejection grounds severability penalty compensation second appeal information commission 2026}}