Module 03 — Reading replies + First Appeal

anonymous@undisclosed.example.com (Anonymous) — Fri, 24 Apr 2026 20:07:45 +0000

2026/05/03 11:02	current
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	+	{{htmlmetatags>metatag-keywords=(citizen crash course module 03, rti module 03, reading replies + first appeal)&metatag-description=(Citizen Crash Course in RTI — Module 03: Reading replies + First Appeal. By the end of this module, you can spot a defective PIO reply and file a First Appeal.)}}
	+
	+	====== Module 03 — Reading replies + First Appeal ======
	+
	+	{{ :social:auto:citizen-crash-module-03.png?direct&1200 \|Citizen Crash Course Module 03}}
	+
	+	<WRAP center round info 95%>
	+	Goal: By the end of this module, you can spot a defective PIO reply and file a First Appeal.
	+	</WRAP>
	+
	+	===== 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 "§8(1)(j) personal information" — must say WHY personal).
	+	- 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 — "§8(1)(j)" without reasons → §7(8)(i) violation
	+	- Whole record refused for partial exemption — §10 severability missed
	+	- "Information not available" — without searching → bad faith
	+	- "Voluminous, file inspection only" — sometimes valid, but PIO must offer a date + place
	+	- "You should know" — never a valid response
	+	- "This is policy / under consideration" — pre-decisional notings might be exempt; bald "policy" is not
	+	- 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, surveyor names usually disclosable, phones need §11. PIO should sever, not refuse outright.
	+
	+	===== How to draft a First Appeal under §19(1) =====
	+
	+	<code>
	+	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/refusal.
	+
	+	Date: [DD-MM-YYYY] Signature: ________
	+	Place: [City] Name + address + phone
	+
	+	Enclosures: 1) Original RTI application 2) PIO reply 3) Speed Post AD card
	+	</code>
	+
	+	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 [[:state-rti-portals-directory\|state portals page]] for SIC contact.
	+
	+	Second Appeal can also include a §20 penalty motion against the PIO and §19(8)(b) compensation claim.
	+
	+	Use our [[https://righttoinformation.wiki/tools/first-appeal-app.html\|First Appeal Builder]] for §19(1); for Second Appeal templates, see the [[:cpd:module-10\|CPD Module 10]].
	+
	+	===== ✅ Quiz =====
	+
	+	10 questions, 70% to pass. Take it from your [[:courses:citizen-crash:app\|course dashboard]].
	+
	+	===== Next =====
	+
	+	* [[:courses:citizen-crash:start\|← Course overview]]
	+	* Next module: Final exam — open from your [[:courses:citizen-crash:app\|dashboard]]
	+
	+	//Last reviewed: 24 April 2026.//
	+
	+	{{tag>course citizen-crash rti module-03}}

Right to Information Wiki

Module 03 — Reading replies + First Appeal