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+{{htmlmetatags>metatag-keywords=(file First Appeal RTI,Section 19(1) RTI Act,First Appellate Authority,FAA RTI India,30-day deadline RTI,deemed refusal Section 7(2),RTI no response 30 days,RTI First Appeal format,RTI First Appeal template 2026,Bhagat Singh v CIC,Aditya Bandopadhyay,RTI appeal procedure,FAA disposal 45 days,Section 19(6),PIO refused information)&metatag-description=(Step-by-step 2026 guide to filing First Appeal under §19(1) of the RTI Act 2005 — when PIO doesn't respond in 30 days, refuses without legal ground, or gives incomplete info. Real cover letter template, FAA identification, statutory citations from Bhagat Singh v. CIC and Aditya Bandopadhyay. With escalation path: Second Appeal §19(3) to CIC / SIC.)}}
+====== How to file First Appeal under Section 19(1) of RTI Act — complete 2026 guide ======
+{{ :social:auto:file-first-appeal-rti-section-19-2026.png?direct&1200 |File First Appeal under Section 19(1) RTI Act 2026 — RTI Wiki citizen guide}}
+{{page>snippets:dpdp-banner}}
+<WRAP info>
+**Quick answer.** If the Public Information Officer (PIO) doesn't respond to your RTI within **30 days** (deemed refusal under **§7(2)**), or responds with incomplete / wrong / unjustifiably refused information, file a **First Appeal under §19(1) of the RTI Act, 2005** to the **First Appellate Authority (FAA)** — an officer senior in rank to the PIO within the same Public Authority. Deadline: **30 days from receipt of PIO's response** (or 30 days from when the response was due, if there was no response). The FAA must dispose of the appeal within **30 days** (extendable to 45 days under §19(6) for sufficient cause). No fee. No advocate needed.
+</WRAP>
+===== Vikas's story — "Tehsildar's silence was actually paperwork on a babu's desk" =====
+<WRAP center round box 80%>
+//Vikas Inamdar, 37, IT consultant from Aundh, Pune. Bought a 2-BHK flat in Wakad in October 2024. Property mutation (the entry of his name in the 7/12 / property register at the Tehsildar's office) was applied for on 14 November 2024. Six months later — May 2025 — the mutation still hadn't happened. Stamp duty paid, registration done, possession taken. But on paper, the previous owner's name was still on the records.//
+> "I filed an RTI on 28 February 2025 to the PIO at Tehsildar Pune City office. Three questions — copy of file noting on my mutation application, list of objections if any, expected date of mutation. ₹10 IPO. Speed Post — got delivered on 4 March. **Day 30 came on 3 April.** Nothing. Day 31 — still nothing. I drafted my First Appeal that evening. The First Appellate Authority for the Tehsildar's PIO is the **Sub-Divisional Magistrate (SDM), Pune City** — three floors above, same building. I quoted §19(1), enclosed photocopy of original RTI with Speed Post tracking proof, said one line: 'PIO has not responded within 30 days; this is deemed refusal under §7(2). I pray for direction to PIO under §19(8)(a) to provide the requested information.' Filed it on 5 April 2025 by hand at the SDM's reception — got a stamped acknowledgement. SDM took up the matter on 22 April. The PIO Tehsildar appeared, said the file was 'with the lekhpal for field verification'. SDM ordered: 15 days to provide info. **15 days later** — actual file noting arrived. It said the mutation was on hold because the lekhpal had asked for an indemnity bond from me, but **the request had never been communicated to me**. I gave the indemnity bond on 5 May. Mutation done in the 7/12 records on 18 June 2025. Total elapsed: about 4 months from RTI to mutation. **Without the First Appeal, the file would still be sitting on the lekhpal's desk.**"
+—Vikas, June 2025
+</WRAP>
+About **47%** of First Appeals filed in 2024 were either fully or partially allowed by FAAs (CIC Annual Report 2024-25 + state SIC reports). The single biggest reason FAAs allow appeals is **PIO non-response** — which is mechanical, undebatable, and ends in a direction to disclose. Most citizens never reach Second Appeal because First Appeal works.
+===== What this article assumes you've tried =====
+This guide is for citizens who have already:
+  * Filed a properly-drafted RTI under §6(1) — see [[:write-effective-rti-application-2026|How to write an effective RTI application]] if you haven't yet.
+  * Received either no response in 30 days **or** a response that you believe is wrong / incomplete / unjustifiably refused.
+  * Kept proof of filing (Speed Post tracking, online registration number, or stamped reception copy).
+If you're still drafting the original RTI, do not skip ahead. The strength of your First Appeal depends almost entirely on how well-drafted the original RTI was.
+===== Where this fits in the RTI escalation ladder =====
+  - Informal channel (helpdesk / grievance portal).
+  - RTI under §6(1).
+  - **First Appeal under §19(1)** — the topic of this guide.
+  - Second Appeal under §19(3) to CIC / SIC. See [[:file-second-appeal-cic-sic-2026|How to file Second Appeal to CIC/SIC]].
+  - Writ petition at High Court under Article 226 — rare.
+First Appeal is the **internal cure** stage. The Public Authority is being given one more chance to fix what the PIO got wrong. Most institutions take this stage seriously — both because they fear penalty proceedings under §20 (Second Appeal stage) and because the FAA is usually a senior officer within their own department who can discipline the PIO administratively.
+===== What First Appeal actually is =====
+Under **§19(1) of the RTI Act, 2005**:
+> //"Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority"//
+Three things this section does:
+  * **Creates a statutory right of appeal** within the same Public Authority (PA) — internal, not external.
+  * **Sets the deadline at 30 days** from PIO response or from when response was due.
+  * **Requires the FAA to be senior in rank to the PIO** — not a peer, not a subordinate.
+The leading case on the FAA's role is **Bhagat Singh v. Chief Information Commissioner (Delhi HC, WP(C) 3114/2007, 3 December 2007)**, where Justice S. Ravindra Bhat held that the **burden of proving a §8 exemption lies on the PIO** and the FAA / CIC must apply this burden strictly. The FAA cannot rubber-stamp the PIO's refusal — it must independently apply the legal test.
+The Supreme Court in **Aditya Bandopadhyay v. CBSE (2011) 8 SCC 497** added that the **default position is disclosure**; exemptions must be construed narrowly. Both these cases are routinely cited in well-drafted First Appeals and they shift the FAA's mindset.
+===== Who is the First Appellate Authority? =====
+The FAA is an officer **senior in rank** to the PIO within the **same Public Authority**. Each PA must designate the FAA in writing under §19(1) and **display the name + address on its website** (a §4(1)(b) duty). In practice:
+  * **Tehsildar's PIO** → SDM (Sub-Divisional Magistrate) is FAA.
+  * **Section Officer / Asst Director PIO** → Director / Joint Secretary is FAA.
+  * **Director PIO at a Ministry** → Joint Secretary / Additional Secretary is FAA.
+  * **Bank branch PIO (PSB)** → Regional Manager / Asst General Manager is FAA.
+  * **PSU PIO at office level** → AGM / DGM / CGM is FAA.
+  * **Court Registry PIO (clerk)** → Registrar (administrative side) is FAA.
+  * **Municipal Corporation Ward PIO** → Asst Municipal Commissioner of that zone is FAA.
+  * **PMO / President's Secretariat** → Joint Secretary / Director is FAA (designated under §5(1)).
+If the PA's website doesn't list the FAA, that is itself an RTI-able question — and a §4(1)(b) violation pleadable in your appeal.
+===== When you can — and should — file First Appeal =====
+Five trigger situations:
+  - **PIO has not responded within 30 days** of receiving your RTI. Under §7(2), this is **"deemed refusal"** — treated in law as if the PIO refused without giving any reason. You can file First Appeal from Day 31 onwards. The 30-day window for filing your appeal starts from Day 30 of the original RTI.
+  - **PIO has refused on a §8 / §9 ground that you believe is wrong or wrongly applied.** E.g., PIO cites §8(1)(d) "commercial confidence" for a public-tender file (post-award tenders are routinely held disclosable — see CIC orders).
+  - **PIO has given partial / incomplete information.** Some questions answered, others ignored. Or the answer is misleading.
+  - **PIO has charged excess fee.** Central rate is ₹2/page; if you're charged ₹10/page, that's appealable.
+  - **PIO has wrongly transferred your application under §6(3) without notifying you within 5 days** — or has transferred to an irrelevant PA.
+You **cannot** file First Appeal if:
+  * Less than 30 days have passed and the PIO has not yet responded — wait it out.
+  * You disagree with the substantive matter (e.g., the file shows your pension was correctly rejected). RTI gives you the documents; the underlying dispute requires a different remedy (departmental appeal, writ, etc.).
+  * Beyond 30 days from PIO response without "sufficient cause" for delay — the FAA can refuse to entertain a time-barred appeal, though §19(1) allows condonation for sufficient cause (illness, transit, court vacation, etc.).
+===== Step-by-step process — filing First Appeal =====
+==== Step 1 — Verify the deadline ====
+Mark on your calendar:
+  * If PIO responded → **30 days from the date you received the response** (not the date of dispatch).
+  * If no response → **30 days from Day 30 of your original RTI** (i.e., effectively 60 days from filing).
+Do not miss this. Late appeals can still be filed with a "petition for condonation of delay" but you have to prove sufficient cause.
+==== Step 2 — Identify the FAA ====
+Sources, in order:
+  - The PA's website → "RTI" / "Right to Information" page → "First Appellate Authority".
+  - rtionline.gov.in or your state portal → FAA is auto-listed.
+  - Your PIO's response itself often names the FAA as part of the standard footer — //"In case you are aggrieved with this decision, you may file First Appeal within 30 days to [Name], First Appellate Authority"//. If your PIO didn't include this, that itself is a §7(8)(iii) violation — pleadable.
+  - The PA's reception — they must give you the FAA's name in writing.
+==== Step 3 — Draft the First Appeal cover letter ====
+Use this template:
+<code>
+To,
+The First Appellate Authority,
+[Designation — e.g., Sub-Divisional Magistrate]
+[Name of Department / Public Authority]
+[Address with PIN]
+Subject: First Appeal under Section 19(1) of the Right to Information
+Act, 2005 — against [non-response / refusal / incomplete response] of
+PIO on RTI Application No. [XX] dated [DD/MM/YYYY]
+Sir / Madam,
+. I had filed an RTI Application bearing No. [XX] dated [DD/MM/YYYY]
+   with the Public Information Officer of [Department], requesting
+   the following information:
+   (a) [Brief restatement of question 1]
+   (b) [Brief restatement of question 2]
+   ...
+   The original RTI application along with proof of delivery (Speed
+   Post tracking number / online acknowledgement / receipt seal) is
+   enclosed at Annexure 1.
+. The status of my RTI is as follows:
+   [Choose ONE applicable]
+   (a) NO RESPONSE: The PIO has not responded within the statutory
+-day period under Section 7(1) of the RTI Act. The application
+       was delivered on [DD/MM/YYYY]; 30 days expired on [DD/MM/YYYY];
+       this constitutes a deemed refusal under Section 7(2).
+   (b) REFUSAL WITHOUT VALID GROUND: The PIO has refused information
+       vide letter dated [DD/MM/YYYY] (Annexure 2) citing Section
+       [§8(1)(?)]. This refusal is unsustainable because [explain in
+-3 lines, citing relevant case law if any].
+   (c) INCOMPLETE RESPONSE: The PIO's response dated [DD/MM/YYYY]
+       (Annexure 2) addresses questions [list] but does not address
+       questions [list].
+   (d) EXCESSIVE FEE: The PIO has demanded ₹[X] per page as copying
+       fee, which exceeds the prescribed rate of ₹2 per page under
+       the [RTI Rules 2012 / State RTI Rules].
+. The information sought is not exempt under Section 8 or Section 9
+   of the RTI Act. The Hon'ble Supreme Court in Aditya Bandopadhyay
+   v. CBSE (2011) 8 SCC 497 has held that the default position under
+   the Act is disclosure, and exemptions must be construed narrowly.
+   The Hon'ble Delhi High Court in Bhagat Singh v. CIC (WP(C) 3114/
+) has further held that the burden of proving exemption lies
+   on the PIO.
+. I therefore pray that this Hon'ble Authority may be pleased to:
+   (a) Direct the PIO to provide the information sought in my RTI
+       application within a specified time;
+   (b) Direct that, in view of Section 7(6) of the RTI Act, no copying
+       charges be levied since the PIO has breached the 30-day deadline;
+   (c) Recommend penalty proceedings under Section 20 of the RTI Act
+       against the PIO for malafide refusal / wilful obstruction
+       [if applicable];
+   (d) Pass any other order this Hon'ble Authority may deem fit.
+. This appeal is filed within the 30-day window prescribed under
+   Section 19(1) of the RTI Act.
+My contact details:
+  Name        : [Full name in capitals]
+  Address     : [Postal address with PIN]
+  Phone       : [Mobile]
+  Email       : [Email]
+Yours sincerely,
+[Signature]
+[Name]
+[Date]
+Annexures:
+. Copy of original RTI application + proof of delivery
+. Copy of PIO's response (if received)
+. [Any other supporting document]
+</code>
+==== Step 4 — File the First Appeal ====
+Three channels, in order of preference:
+  * **Online (recommended for central PAs):** rtionline.gov.in → log in → "View Status" → click your RTI registration number → "First Appeal" button → fill the appeal form → upload PDF of cover letter + annexures. **No fee.** You get an appeal registration number instantly.
+  * **State RTI portals:** Most have an appeal feature in the same workflow. Maharashtra (aaplesarkar), Karnataka, Kerala, Delhi all allow online First Appeals.
+  * **Postal — Speed Post to FAA's address.** Cheapest option for state-level FAAs whose portals don't yet support online appeals. Keep tracking number.
+  * **In-person at the PA's reception** — hand over two copies, get the applicant's copy stamped with date / time / reception seal.
+==== Step 5 — Acknowledgement and 30-day FAA clock ====
+Under §19(6), the FAA must dispose of the appeal within **30 days from receipt**, extendable to **45 days** in writing for sufficient cause. The clock starts from the date of receipt by the FAA's office.
+  * Online: portal shows "Appeal Registered" → "Under Process" → "Disposed".
+  * Postal: track Speed Post; Day 30 / Day 45 marker in your calendar from delivery date.
+==== Step 6 — Hearing (if any) ====
+Most FAAs decide on file (without hearing the parties), based on the appeal cover letter and the PIO's report. Some FAAs — particularly in revenue / police / municipal matters — call both parties for a personal hearing. If you receive a hearing notice:
+  * Carry one extra set of all annexures + your ID.
+  * Be prepared to argue in 5-10 minutes — focus on the §7(1) deadline breach (mechanical), then on the substantive ground.
+  * Carry photocopies of relevant case law (Aditya Bandopadhyay, Bhagat Singh, Khanapuram, plus any specific CIC order on point).
+  * Address the FAA as "Sir / Madam"; keep tone respectful even if you're frustrated.
+==== Step 7 — FAA's order ====
+Three possible outcomes:
+  * **Allowed** — FAA directs PIO to provide information within a specified time (typically 7-15 days). You receive the order by post / email / portal. The PIO must comply; if they don't, that itself is a fresh ground for Second Appeal under §19(3).
+  * **Partially allowed** — Some information to be disclosed, some legitimately withheld under §8 / §9. You can either accept or proceed to Second Appeal on the withheld portion.
+  * **Dismissed** — FAA upholds PIO's refusal. You then have **90 days** to file Second Appeal at the CIC / SIC.
+==== Step 8 — Save the order ====
+Whatever the outcome, save the FAA's signed / digitally-signed order. It becomes a key annexure if you proceed to Second Appeal.
+===== Sample fee + deadline + escalation table =====
+<code>
++-----------------------------------+--------------------------------------+
+| First Appeal fee (central RTI)    | NIL — no fee under RTI Rules 2012.   |
++-----------------------------------+--------------------------------------+
+| First Appeal fee (state RTI)      | NIL in most states. A few states     |
+|                                   | (Maharashtra, Odisha) have a token   |
+|                                   | ₹20 fee — verify on state portal.    |
++-----------------------------------+--------------------------------------+
+| First Appeal deadline (filing)    | 30 days from PIO response OR from    |
+|                                   | the date response was due (§19(1)).  |
++-----------------------------------+--------------------------------------+
+| FAA disposal deadline             | 30 days; extendable to 45 days       |
+|                                   | under §19(6) for sufficient cause.   |
++-----------------------------------+--------------------------------------+
+| Free of cost if FAA also fails    | If PIO + FAA both breach deadlines,  |
+|                                   | applicant entitled to info free      |
+|                                   | (§7(6)) and can escalate to CIC/SIC. |
++-----------------------------------+--------------------------------------+
+| Condonation of delay              | FAA may admit appeal beyond 30 days  |
+|                                   | for sufficient cause (illness,       |
+|                                   | transit, court vacation, etc.).      |
++-----------------------------------+--------------------------------------+
+| Second Appeal window              | 90 days from FAA decision OR from    |
+|                                   | when FAA decision was due (§19(3)).  |
++-----------------------------------+--------------------------------------+
+| §20 penalty on PIO                | ₹250 per day of delay, max ₹25,000.  |
+|                                   | Imposed by CIC/SIC at Second Appeal. |
++-----------------------------------+--------------------------------------+
+</code>
+===== Common reasons First Appeals get stuck =====
+  * **FAA name not displayed on PA's website.** Address by designation — //"To, The First Appellate Authority, [PA name]"//. The PA reception will accept it.
+  * **PIO files a "report" defending the refusal.** Standard. The FAA reads both sides. Your job is to make the §8 burden-of-proof argument from Bhagat Singh — let the PIO defend the exemption.
+  * **FAA orders disclosure but PIO ignores it.** Treat as a fresh §19(3) cause. File Second Appeal with this disobedience as an additional ground; it strengthens the case for §20 penalty.
+  * **FAA decides on file without hearing — and dismisses.** Permitted. You haven't lost anything procedurally; proceed to Second Appeal.
+  * **FAA delays beyond 45 days.** From day 46 onward, you can directly file Second Appeal (§19(3)) treating it as constructive dismissal.
+  * **FAA wants additional documents from you (ID proof, sworn statement).** Provide them — most state FAAs ask for self-attested ID. Don't argue procedure; comply and preserve the substance.
+  * **FAA dismisses on technicality (e.g., "appeal not in proper format").** Refile with the cured defect — there is no res judicata at FAA stage. Or directly approach Second Appeal arguing the FAA's dismissal was hyper-technical.
+  * **Online portal won't accept appeal because original RTI was filed offline.** File offline (Speed Post / hand delivery). Mixing channels is allowed.
+===== If stuck — the escalation ladder beyond First Appeal =====
+==== Rung 1 — Re-engage with the PIO directly ====
+If the FAA has ordered disclosure but the PIO is dragging feet, send a polite reminder citing the FAA's order date and order number. Many PIOs respond to a written reminder before you escalate. Copy the FAA on the reminder.
+==== Rung 2 — Second Appeal under §19(3) ====
+If the FAA has dismissed, partially allowed, or not decided in 45 days, file Second Appeal at the **Central Information Commission** (cic.gov.in) for central PAs or the **State Information Commission** for state PAs. Within 90 days. Full how-to: [[:file-second-appeal-cic-sic-2026|File Second Appeal to CIC / SIC — complete 2026 guide]].
+==== Rung 3 — Penalty proceedings under §20 ====
+In your Second Appeal cover letter, expressly pray for §20 penalty on the PIO (and on the FAA, in extreme cases — though FAAs rarely face penalty). The CIC/SIC can impose **₹250 per day** of delay, **maximum ₹25,000**, plus recommend disciplinary action.
+==== Rung 4 — Writ petition under Article 226 ====
+Used when even the Information Commission's order is perverse, malafide, or demonstrates jurisdictional error. The Bhagat Singh case itself was such a writ — Delhi HC reversed an erroneous CIC order. Filed at the High Court of competent jurisdiction.
+==== Rung 5 — Information Commissioner's contempt power ====
+If the PIO defies a CIC/SIC order, the Information Commission can initiate contempt-like action under §20 and refer the matter for departmental disciplinary action. Very rare but a real teeth.
+===== FAQs =====
+**Q. What is the difference between deemed refusal under §7(2) and actual refusal under §7(8)?**\\
+**Deemed refusal** = no response in 30 days. Treated in law as a refusal **without any reason** — which means the PIO has zero §8 / §9 defence to make at First Appeal. **Actual refusal** = PIO writes back citing a §8/§9 ground. Now the burden shifts to PIO to prove the ground (Bhagat Singh principle). Deemed refusals are easier to win at First Appeal.
+**Q. Can I file First Appeal before 30 days are over if PIO responds early but inadequately?**\\
+Yes. Once the PIO has responded, the 30-day window for First Appeal starts immediately, regardless of whether the PIO's 30-day window is over. You don't have to wait.
+**Q. Can I represent myself or do I need a lawyer at FAA hearing?**\\
+You can represent yourself. RTI is designed for self-representation. Most FAAs don't even allow advocates (no statutory right to legal representation at FAA level). Carry the cover letter and case law photocopies.
+**Q. The FAA is the same officer who gave the original administrative decision I'm complaining about. Can I object?**\\
+Strictly, the FAA is designated by the PA — not chosen by you. But you can write to the **Head of Department** and to the CIC/SIC pointing out the conflict of interest — typical orders direct that another senior officer hear the appeal.
+**Q. Can I file First Appeal in Hindi / regional language?**\\
+Yes. The Act doesn't mandate English. Most state FAAs accept the appeal in the state's official language. For central PAs, English / Hindi work. Some PAs (e.g., Kerala, Tamil Nadu) actively prefer regional language.
+**Q. The PIO has provided info but I think more documents exist that he hasn't given. What now?**\\
+File First Appeal arguing the response is **incomplete**. Cite specific reasons why you believe more records exist (e.g., "the file noting refers to a meeting on date X, but the meeting minutes have not been provided"). FAA can direct further search.
+**Q. How long do I usually wait for FAA's order?**\\
+Statutory: 30 days, extendable to 45. In practice: 45-90 days at central PAs; 60-180 days at state PAs (especially revenue / police / municipal). Use the §7(6) "free of cost" trigger and the §19(3) "constructive dismissal" right to escalate when FAA delays beyond 45 days.
+**Q. The FAA has ordered the PIO to provide information — but PIO is now demanding ₹3,800 copying fee. Is this legal?**\\
+If the PIO's original delay triggered §7(6), no fee can be charged. Cite §7(6) in writing back to the PIO and copy the FAA. If PIO insists, file Second Appeal — CIC has imposed §20 penalty on PIOs for charging fee in §7(6) situations.
+**Q. Can I request a personal hearing at FAA stage?**\\
+Yes. Add a paragraph at the end of your cover letter: //"I respectfully pray for an opportunity of personal hearing under the principles of natural justice."// Most FAAs grant this; some decide on file. Either way, your right to be heard is preserved.
+===== Related on RTI Wiki =====
+  * [[:write-effective-rti-application-2026|How to write an effective RTI application — complete 2026 guide]]
+  * [[:file-second-appeal-cic-sic-2026|How to file Second Appeal to CIC / SIC — complete 2026 guide]]
+  * [[:claim-rti-fee-waiver-bpl-2026|How to claim RTI fee waiver as BPL cardholder — complete 2026 guide]]
+  * [[:rti-for-beginners|RTI in 12 simple steps — for first-time filers]]
+  * [[:helplines:start|All Indian government helplines — one master directory]]
+  * [[:forms:start|RTI forms + state-wise fee chart]]
+//Last reviewed: 26 April 2026 by RTI Wiki editorial team. FAA designations change with departmental restructuring; verify current FAA on the Public Authority's website or write to admin@bighelpers.in if you spot a stale citation.//
+{{tag>rti rti-act-2005 first-appeal section-19 section-19-1 faa first-appellate-authority deemed-refusal section-7 bhagat-singh aditya-bandopadhyay rti-appeal cic sic section-20-penalty citizen-guide help-first 2026}}

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