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+{{htmlmetatags>
+metatag-keywords=(faa rti checklist, first appellate authority review, faa speaking order, section 19 6 rti)
+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 Commission.)
+}}
+====== FAA appellate review — 12-point checklist (§19(6) speaking order) (2026) ======
+{{ :social:auto:faa-appellate-review-checklist.png?direct&1200 }}
+{{page>snippets:dpdp-banner}}
+<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:
+. The impugned order rejects the request citing §[X]. As held in [case], generic citation of a section without record-specific analysis is unsustainable.
+. 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.
+. Severability under §10: portions [A, B] are non-exempt and must be released even if portion [C] is held exempt.
+. 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}}

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