First Appeal format under §19(1) — 2026
Quick Reply: There is no statutory form for a first appeal — one plain-paper letter to the First Appellate Authority of the same public authority is enough, and in almost every state it is free (Maharashtra's 2026 Rules charge Rs 20; Bihar charges Rs 10). File within 30 days of the PIO's reply, or within 30 days of the reply deadline passing in silence. The FAA must decide in 30 days, extendable by only 15 more with recorded reasons.
Why the first appeal matters
Most RTI applications do not fail on law — they fail on delivery: no reply, a half reply, a wrong section cited, or an invented fee. §19(1) of the Right to Information Act, 2005 gives you one free, in-house remedy against all of these. It is faster than a second appeal, needs no lawyer, and creates the paper trail a Commission later wants to see. Skipping it is the single most common reason second appeals get returned.
When you can file
- PIO replied but refused or half-answered — within 30 days of receiving that reply.
- PIO never replied — the 30-day clock of §7(1) expired; your appeal window runs 30 days from that expiry.
- Fee demanded beyond the rules — treat it as constructive refusal and appeal.
- Life or liberty case — the PIO had 48 hours; appeal immediately after that.
- Missed the window? — the FAA can still admit a delayed appeal for “sufficient cause” under §19(3)'s spirit; attach a short explanation. Do not fabricate reasons.
What the appeal must contain
- Your name, address, phone and email.
- The original RTI application number and date, and a copy of it.
- The PIO's reply date and a copy — or a line stating “no reply received till date”.
- Grounds: point by point, what was not given and why the refusal looks wrong. Cite the section misused, e.g. §8(1)(j) personal information with no public-interest test, or a §7(9) excuse without offering another format.
- Prayer: the relief you want — directed supply of information, waiver of any wrongly demanded fee, and penalty proceedings under §20 where justified.
- Enclosures list, date and signature.
Keep it to a page and a half. A focused appeal gets read; a re-argument of the whole dispute does not.
Copy-and-file template
To: The First Appellate Authority, [Office name], [Address].
Subject: First Appeal under §19(1), RTI Act 2005, against
the reply/non-reply of the PIO dated [DATE].
Appellant: [Name, full postal address, phone, email].
1. I filed an RTI application no. [NUMBER] dated [DATE],
a copy is enclosed.
2. The PIO [replied on DATE, copy enclosed / did not reply
within 30 days, the statutory period ending DATE].
3. Grounds of appeal:
a. [Point not answered / wrongly refused under §8(1)(X)
without applying the public-interest test.]
b. [Fee of Rs.__ demanded though the State schedule
prescribes Rs.__.]
c. [Information belong to another office — §6(3) transfer
within 5 days was not done.]
4. Prayer: direct supply of the complete information in
[print/CD], waive the excess fee, and consider action
under §20 for the delay.
5. The appellant prefers communication by post and email.
[Signature, name, date]
Enclosures: RTI copy, PIO reply, fee proof.
For a filled-in version built from your own PIO reply, use the First Appeal Builder.
Where and how to submit
- In person — at the office of the public authority (the FAA sits in the same office as the PIO, usually one rank senior). Take a stamped receiving copy.
- By post — to “The First Appellate Authority, [office]”. Keep the speed-post receipt; the tracking printout proves the filing date.
- Online, central public authorities — the “Submit first appeal” tab on rtionline.gov.in against your registration number. Free.
- Online, states — only where a state portal exists; see the state RTI portal directory.
In almost every state the first appeal is free — §19(1) itself prescribes no fee. Two states do charge under their own notified rules: Maharashtra (Rs 20, Rule 5 of the 2026 Rules) and Bihar (Rs 10). If you file in either, attach the fee and keep the receipt; everywhere else a free plain-paper appeal is the norm.
The FAA's obligations
- Disposal within 30 days, extendable by a maximum of 15 days with reasons in writing — §19(6).
- A speaking order: reasons for each point, not “appeal disposed”.
- Remedies include directing supply, waiving fee, and ordering §20 penalty proceedings against the PIO.
If the FAA fails you
- No FAA order in 45 days — or an order against you — the second appeal lies to the Information Commission within 90 days under §19(3): second appeal route and the ready second appeal format.
- FAA simply absent — some offices never designate one; that itself is a complaint ground under §18(1) before the Commission.
- Track the clock properly — the first appeal timeline calculator works out your exact dates.
Common mistakes
- Addressing it to the PIO or the Commission — the FAA is the correct addressee.
- Re-arguing the whole grievance instead of the information refusal.
- Forgetting to attach the RTI copy and the PIO reply — the FAA then asks for them and the clock drags.
- Filing by email to an office that accepts only post or in-person delivery — check the PA's RTI disclosure under §4(1)(b).
- Waiting past day 60 in a no-reply case and then hunting for condonation.
Frequently asked questions
Is there any government first-appeal form to download?
No. Plain paper works in every state and for the Centre. Some offices print their own optional format; it is never mandatory.
Does the FAA hold a hearing?
Usually not for simple cases — the order issues on papers. Either side may request an opportunity of being heard, which §19(5) requires the FAA to give “reasonable opportunity”.
Can I ask for penalty in the first appeal itself?
Yes — request it in your prayer. Only the Information Commission can actually impose it, but the FAA can recommend and forward.
What if the PIO reply arrived but is unreadable?
That is an incomplete supply — appeal it the same way, asking for a legible certified copy.
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