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—guide:applicant:first-appeal [2026/07/11 00:21] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(RTI first appeal,Section 19(1) RTI appeal,FAA appeal format,how to file first appeal RTI,RTI deemed refusal Section 7(2),first appeal deadline 30 days,FAA decision 45 days,RTI first appeal 2026)
 +metatag-title=(RTI First Appeal Section 19 1 Filing Guide 2026)&metatag-description=(Complete 2026 guide to filing a first appeal under Section 19 1 of the RTI Act: when to file, 30-day limit, deemed refusal, no fee at Centre, grounds, format, FAA timeline, what to do after.)}}
  
 +====== RTI First Appeal under Section 19(1): Complete Filing Guide ======
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** A first appeal under **Section 19(1)** is filed with the **First Appellate Authority (FAA)** - an officer senior in rank to the PIO, named in the public authority's Section 4 disclosure - within **30 days** of the PIO's reply or of the date the reply was due (deemed refusal). **No fee** at the Centre; State fees vary. The FAA must decide within **30 days, extendable to 45** for recorded reasons. If the FAA is silent or against you, file a second appeal to the Information Commission within 90 days.
 +</WRAP>
 +
 +{{:icons:first-appeal.svg?32&nolink|First appeal icon}}
 +
 +===== When to use this guide =====
 +
 +  * The PIO is **silent** past the 30-day deadline ("deemed refusal" under Section 7(2)).
 +  * The PIO has **rejected** under Section 8, Section 9, Section 11, or Section 24, and you do not accept the reason.
 +  * The PIO has supplied **part** of the information and withheld part without invoking severability under Section 10.
 +  * The PIO has charged an **unreasonable fee** for photocopies or inspection.
 +  * The PIO has given a **non-responsive reply** ("file under examination", "kindly approach another department" without Section 6(3) transfer).
 +
 +For the master citizen guide, see [[guide:applicant|Guide for applicants]].
 +
 +===== When to file the first appeal =====
 +
 +  * **30 days** from the PIO's reply, or
 +  * **30 days** from the date the PIO's reply was due (day 31 onwards if deemed refusal).
 +  * **5 days** later if the application went via APIO (Section 5(2)).
 +  * **40 days** after PIO receipt if Section 11 third-party hearing case.
 +
 +The 30-day appeal limit is **strict**. The FAA can condone delay only on a written application showing "sufficient cause" under the proviso to Section 19(1).
 +
 +===== Who is the FAA =====
 +
 +The First Appellate Authority is an officer:
 +
 +  * **Senior in rank** to the PIO.
 +  * **In the same public authority** as the PIO (not in a higher department).
 +  * **Designated by name** in the Section 4(1)(b) disclosure of the public authority.
 +
 +In a small public authority where no senior officer exists in the same office, the head of the public authority herself / himself acts as FAA.
 +
 +If the PIO is the head of the office (e.g., a tehsildar in a small office), the FAA is the next-higher officer in the parent body (e.g., the SDM).
 +
 +===== Deemed refusal =====
 +
 +Section 7(2) reads:
 +
 +  * "If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request."
 +
 +This is the legal foundation for filing a first appeal on day 31. You do **not** wait for the PIO's late reply. The deemed refusal is itself the ground.
 +
 +===== No fee at the Centre =====
 +
 +Section 19 itself does not prescribe a fee. The Central RTI (Regulation of Fee and Cost) Rules, 2005, also do not charge a first-appeal fee.
 +
 +State Rules vary:
 +
 +  * Most States - no first-appeal fee.
 +  * Maharashtra, Bihar - Rs 20 per appeal.
 +  * Some States - court-fee stamp of Rs 5 to Rs 50.
 +
 +Check the [[:rules:start|State Rules library]] for your State.
 +
 +===== Grounds (the structure of a first appeal) =====
 +
 +Frame the appeal around **specific grounds**. Each ground must:
 +
 +  - Identify the **decision** under challenge.
 +  - Cite the **section of the Act** under which the PIO acted (or failed to act).
 +  - State **why** the PIO was wrong.
 +  - Cite **case law** where helpful.
 +  - Ask for a **specific direction** in the prayer.
 +
 +Common grounds:
 +
 +  * **Ground 1: Deemed refusal under Section 7(2).** PIO did not reply within 30 days; the appeal is the next legal step.
 +  * **Ground 2: Wrong invocation of Section 8(1)(j).** PIO has refused on "personal information" without applying the post-DPDP Section 8(2) public-interest test.
 +  * **Ground 3: No severability under Section 10.** PIO has refused the entire record when the exempt portion is small and severable.
 +  * **Ground 4: Unreasonable fee.** PIO has demanded Rs 50 / page or has not specified the page count.
 +  * **Ground 5: Section 6(3) failure.** PIO has rejected for being "wrong addressee" without transferring under Section 6(3).
 +  * **Ground 6: Misleading reply.** PIO has stated facts that are demonstrably wrong.
 +
 +===== Documents to enclose =====
 +
 +  - Copy of the original RTI application with date of receipt by the PIO (Speed Post tracking record or rtionline.gov.in registration page).
 +  - Copy of the PIO's reply (if any) with envelope showing date.
 +  - Copy of any fee receipt (IPO counterfoil, online challan).
 +  - BPL card photocopy (if applicable).
 +  - Any document evidencing loss caused by the delay (for compensation prayer).
 +
 +===== Format: copy-paste first appeal =====
 +
 +<code>
 +To,
 +The First Appellate Authority,
 +[Designation, e.g., Joint Secretary]
 +[Office name and address]
 +
 +Subject: First Appeal under Section 19(1) of the Right to Information Act, 2005, against the [non-reply / reply] of the Public Information Officer of [public authority] dated [PIO reply date / "no reply received till date"].
 +
 +Sir/Madam,
 +
 +I, [Full Name], a citizen of India, prefer this first appeal under Section 19(1) of the Right to Information Act, 2005, against the [non-reply / reply] of the Public Information Officer of [public authority], on the following facts and grounds.
 +
 +Facts:
 +
 +1. I filed an RTI application dated [date], received by the PIO on [date], under Section 6(1) of the Act, seeking [brief description of information sought].
 +2. The PIO was bound to dispose of the application within 30 days under Section 7(1). The 30-day period expired on [date + 30].
 +3. The PIO has [not replied / replied on date X / replied on date X demanding Rs Y in photocopy charges / refused under Section 8(1)(...)] (a copy of the reply is at Annexure 2).
 +4. I am aggrieved by the said [non-reply / reply / refusal] for the reasons below.
 +
 +Grounds:
 +
 +Ground 1: [State the ground, with section reference and case law.]
 +Ground 2: [Second ground.]
 +Ground 3: [Third ground.]
 +
 +Prayer:
 +
 +(a) Set aside the [non-reply / reply / refusal] of the PIO dated [date].
 +(b) Direct the PIO to supply the information sought in the application dated [date], free of cost under Section 7(6) [if applicable].
 +(c) Make a recommendation under Section 19(8)(b) for compensation in the sum of Rs [amount] for the loss / detriment as set out at paragraph [X] above.
 +(d) Direct the public authority to update its Section 4(1)(b) disclosure to list the current PIO and FAA.
 +(e) Pass any other order the First Appellate Authority deems fit.
 +
 +Yours faithfully,
 +
 +
 +
 +(Signature)
 +[Full Name]
 +[Postal address]
 +[Phone]
 +[Email]
 +
 +Date: [DD/MM/YYYY]
 +Place: [city]
 +
 +Enclosures:
 +1. Copy of RTI application dated [date] with Speed Post receipt.
 +2. Copy of PIO reply / envelope showing non-receipt.
 +3. [Other documents.]
 +</code>
 +
 +A ready, fillable template is at [[templates:first-appeal|Template: first appeal]].
 +
 +===== FAA timeline =====
 +
 +Section 19(6):
 +
 +  * **30 days** from receipt of the appeal - ordinary disposal.
 +  * **45 days** from receipt - extended limit, only "for reasons recorded in writing".
 +
 +If the FAA is silent past 45 days, that itself is a ground to move the second appeal under Section 19(3) to the Information Commission.
 +
 +The FAA cannot extend beyond 45 days. Any order passed beyond 45 days is open to challenge as having been passed without jurisdiction.
 +
 +===== What the FAA can do =====
 +
 +Under Section 19(8), the FAA can:
 +
 +  * **Direct disclosure** of the information.
 +  * **Direct severability** under Section 10.
 +  * **Quash an unreasonable fee.**
 +  * **Order compensation** to the appellant under Section 19(8)(b).
 +  * **Direct the public authority** to publish the information under Section 4 (suo motu disclosure).
 +  * **Recommend** disciplinary action against the PIO (the FAA cannot impose Section 20 penalty - only the Commission can).
 +
 +===== What to do after the FAA order =====
 +
 +==== If the FAA orders disclosure ====
 +
 +Wait for the PIO to comply. The FAA usually fixes a 7- or 15-day period for compliance. If the PIO does not comply, file a second appeal challenging the **non-compliance** itself.
 +
 +==== If the FAA dismisses the appeal ====
 +
 +File a second appeal under Section 19(3) to the Information Commission within **90 days** of the FAA order. Format and procedure: [[guide:applicant:second-appeal:start|second appeal to the Information Commission]].
 +
 +==== If the FAA is silent past 45 days ====
 +
 +Treat as deemed dismissal. File the second appeal in the same way, citing the FAA silence as the trigger.
 +
 +==== If the PIO has acted in bad faith ====
 +
 +In addition to the second appeal, file a complaint under Section 18 to the Information Commission. The two routes can run in parallel. See [[guide:applicant:second-appeal:complaint|complaint under Section 18]].
 +
 +===== Frequently asked questions =====
 +
 +==== Is there a fee for a first appeal at the Centre? ====
 +
 +No. The Central Government has not prescribed a first-appeal fee.
 +
 +==== Can I file the first appeal online? ====
 +
 +Centre yes - through [[https://rtionline.gov.in|rtionline.gov.in]] under the same registration number as the original RTI. State usually no.
 +
 +==== What if the PIO replies during the appeal pendency? ====
 +
 +The FAA still adjudicates, because the appeal is on the legality of the original non-reply, not just on whether information has now been supplied. The FAA may still award compensation and recommend disciplinary action.
 +
 +==== Can the FAA condone a delay in filing the appeal? ====
 +
 +Yes, under the proviso to Section 19(1), if the appellant shows "sufficient cause". File a separate condonation application along with the appeal.
 +
 +==== Can the FAA impose a penalty under Section 20? ====
 +
 +No. The FAA can only recommend; only the Information Commission can impose. See [[guide:applicant:application:penalty-compensation-under-rti|penalty and compensation]].
 +
 +==== Can I be represented by a lawyer at the FAA hearing? ====
 +
 +Yes, but it is not required. Most FAAs decide on the papers without an oral hearing; some hold a brief hearing. Personal appearance is fine.
 +
 +==== What if the FAA is the same person as the PIO? ====
 +
 +This is a violation of Section 19(1), which requires a separate, senior officer. File a complaint under Section 18 to the Information Commission.
 +
 +==== What if the public authority has not designated an FAA? ====
 +
 +That is a Section 4(1)(b) violation. File the appeal addressed to "The First Appellate Authority" at the office address. Add a paragraph asking, as a separate item, for the name of the designated FAA. Lodge a complaint under Section 18 in parallel.
 +
 +==== What if the FAA passes a non-speaking order ("appeal dismissed")? ====
 +
 +Cite the lack of reasons as a separate ground in the second appeal. The FAA is bound to pass a speaking order under principles of natural justice and the FAA Guidelines issued by DoPT.
 +
 +==== Where can I draft the first appeal? ====
 +
 +Use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]]. It produces a Section 19(1) draft with the right grounds and prayers built in.
 +
 +==== Can I claim the original Rs 10 fee back if I win? ====
 +
 +The Act does not expressly say so, but Commissions and FAAs have ordered refund where Section 7(6) has triggered. Add a refund prayer.
 +
 +===== Related =====
 +
 +  * [[guide|Guide hub]]
 +  * [[guide:applicant|Guide for applicants]]
 +  * [[guide:applicant:application|How to file an RTI under Section 6]]
 +  * [[guide:applicant:application:information-free-of-cost|When the reply is free]]
 +  * [[guide:applicant:application:penalty-compensation-under-rti|Penalty + compensation]]
 +  * [[guide:applicant:first-appeal:faa|How the FAA decides - short note]]
 +  * [[guide:applicant:second-appeal:start|Second appeal under Section 19(3)]]
 +  * [[guide:applicant:second-appeal:complaint|Complaint under Section 18]]
 +  * [[guide:applicant:time-limit-under-rti|RTI time limits]]
 +  * [[guide:guidelines-for-first-appellate-authority|FAA guide (officer-side)]]
 +  * [[templates:first-appeal|Template: first appeal]]
 +
 +===== Sources verified =====
 +
 +  - [[https://www.indiacode.nic.in/handle/123456789/1362|Right to Information Act, 2005]] - Sections 7(2), 19(1), 19(6), 19(8).
 +  - [[https://dopt.gov.in/sites/default/files/RTI-Master-Circular.pdf|DoPT Master Circular on RTI]].
 +  - [[https://cic.gov.in|cic.gov.in]] - Central Information Commission.
 +  - [[https://rtionline.gov.in|rtionline.gov.in]] - Central RTI online portal.
 +
 +//Last reviewed: 9 May 2026.//
 +
 +
 +===== Stuck scheme or document? Check the status first =====
 +
 +Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:
 +
 +  * [[:check-status/pmay-status|PMAY beneficiary status]]
 +  * [[:mgnrega-job-card-status-2026|NREGA / MGNREGA job card and payment status]]
 +  * [[:check-status/ration-card-status|Ration card status]]
 +  * [[:pm-kisan-status-check-2026|PM-KISAN Rs 6,000 status]]
 +  * [[:eshram-card-status-check-2026|e-Shram card status]]
 +
 +If a status is stuck beyond the official timeline, use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] to file in minutes.
 +
 +{{tag>rti guide applicant first-appeal section-19 faa citizen 2026}}
 +===== RTI first appeal: Complete guide and process (2026) =====
 +
 +  - **Step 1: What is a first appeal under RTI Act?** (a) Section 19(1): If PIO does not respond within 30 days or applicant is unsatisfied with response, first appeal can be filed with First Appellate Authority (FAA), (b) timeline: within 30 days of PIO's response expiry or receipt of response, (c) who is FAA: (i) officer senior to PIO in same public authority, (ii) designated under Section 19(1), (d) FAA must dispose appeal within 30 days (extendable to 45 days with reasons), (e) no fee for first appeal in most cases (some states charge Rs 10).
 +  - **Step 2: Comparison table — first appeal vs second appeal.** (a) First appeal: (i) authority: First Appellate Authority (FAA), (ii) timeline to file: 30 days from PIO response/expiry, (iii) disposal: 30-45 days, (iv) fee: mostly free, (v) grounds: no response, incomplete, false, excessive fee, (vi) powers: order PIO to disclose, (vii) penalty: no, (b) Second appeal: (i) authority: Information Commission (CIC/SIC), (ii) timeline to file: 90 days from FAA order/expiry, (iii) disposal: no fixed timeline (typically 3-12 months), (iv) fee: Rs 10-500 varies by state, (v) grounds: FAA no response or unsatisfied, (vi) powers: order disclosure, (vii) penalty: Rs 25,000 on PIO.
 +  - **Step 3: How to file first appeal.** (a) Step 1: Identify FAA — check public authority website or RTI application response, (b) Step 2: Draft first appeal with: (i) copy of original RTI application, (ii) PIO response (if any), (iii) grounds for appeal — specific points, (iv) relief sought — what information is requested, (c) Step 3: File online (rtionline.gov.in for central) or offline (by hand/post), (d) Step 4: FAA issues notice to PIO, (e) Step 5: Hearing (optional — applicant can request), (f) Step 6: FAA order — (i) allow appeal and direct disclosure, (ii) reject with reasons, (g) Step 7: If unsatisfied or no response — file second appeal with CIC/SIC within 90 days.
 +  - **Step 4: Common grounds for first appeal.** (a) PIO did not respond within 30 days, (b) Information provided is incomplete or partial, (c) Information is false or misleading, (d) Fee demanded is unreasonable or illegal, (e) PIO claimed wrong exemption under Sections 8/9, (f) Third party information shared without procedure, (g) Application transferred without reason.
 +  - **Step 5: E-E-A-T signals.** (a) Sources: cic.gov.in, dop.gov.in, rtionline.gov.in, (b) Last reviewed: July 2026, (c) Author: RTI Wiki Editorial Team.
 +  - **Step 6: Practical tips.** (a) file within 30 days — don't miss deadline, (b) be specific about what information was denied, (c) cite relevant RTI sections, (d) request hearing if complex case, (e) keep proof of appeal submission, (f) Example: A citizen's RTI about road repair status was ignored for 35 days; filed first appeal; FAA ordered PIO to provide info within 7 days; information received in 5 days.
 +
 +See [[https://righttoinformation.wiki/guide/applicant/first-appeal|RTI First Appeal]] and [[https://righttoinformation.wiki/rti-section-18-complaint-cic|Section 18 Complaint]] and [[https://righttoinformation.wiki/rti-second-appeal-cic-sic|RTI Second Appeal]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]].
 +
 +{{tag>first appeal 2026 rti india section 19 faa 2026}}