How to file a First Appeal under §19(1) of the RTI Act

The Section 19(1) First Appeal is your statutory right when the Public Information Officer refuses your RTI, gives a partial reply, or stays silent past 30 days. The First Appellate Authority (FAA) is typically the immediate senior to the PIO at the same office. The appeal is free (no fee) and must be filed within 30 days of the PIO's order or the deemed refusal date.

• Day 30 — PIO has not replied → silence = deemed refusal under §7(2). File First Appeal within next 30 days.
• PIO has refused with reasons — file First Appeal within 30 days of receipt of refusal.
• PIO has given a partial reply — file for the missing portion within 30 days of partial reply.
• PIO has demanded an unreasonable additional fee — file First Appeal challenging the demand.

• Address: First Appellate Authority (FAA), [Same office as PIO].
• The FAA is normally the immediate senior to the PIO — usually a deputy director / additional commissioner / joint secretary.
• The FAA's name + designation is on the same office's RTI page.

• Zero. §19(1) First Appeal is free everywhere in India. Anyone asking you to pay for First Appeal is acting unlawfully.

The First Appeal must include:

• Reference to the original RTI (date, reference number)
• Date of PIO's reply / date of deemed refusal
• Specific grounds of appeal (citing §3, §6, §7, §8 + landmark case law)
• Relief sought (specific records to be supplied)
• Applicant's signature + date

Use our First Appeal Builder (free, 5 minutes) — it pre-loads citations to *Bhagat Singh v. CIC* (procedural compliance) and *Adesh Kumar v. UoI* (irrelevance is not a ground).

1. Procedural objections by PIO (vague / wrong office / not specific) — cite Bhagat Singh v. CIC (Delhi HC, 2007) — PIO has §5(4) duty to seek assistance.
2. “Information is irrelevant” — cite Adesh Kumar v. UoI (Delhi HC, 2014) — irrelevance is not a ground; §3 is unconditional.
3. Sweeping §8(1)(j) refusal — cite Girish Deshpande for the test + CPIO SC v. Subhash Agarwal for the public-interest balance.
4. No §10 severance — PIO refused everything because part is exempt. §10(1) + §10(2) require severance.
5. No §11 third-party hearing when info pertains to third party — cite Arvind Kejriwal v. CPIO (Delhi HC, 2014).

1. §19(6) — FAA must dispose within 30 days of receipt, extendable to 45 days with reasons recorded.
2. Silence past 45 days — file Second Appeal under §19(3) to the State Information Commission / Central Information Commission.

To,
The First Appellate Authority,
[Office name],
[Address]

Subject: First Appeal under Section 19(1) of the RTI Act, 2005

Sir / Madam,

1. I, [Your name], filed an RTI under §6 of the RTI Act, 2005 with this office on
   [date], reference no [XXX], seeking the following:
   [Brief recap of records sought]

2. The PIO replied / failed to reply on [date]. The reply / non-reply is
   unsatisfactory because [grounds].

3. I respectfully request that the Information be supplied per Section 7(1) of
   the Act, with reasons for any portion withheld per Section 8 + Section 10
   severance under Section 10(1) and Section 10(2).

4. Citations relied on:
   - Bhagat Singh v. CIC (Delhi HC, 2007) — §5(4) duty
   - Adesh Kumar v. UoI (Delhi HC, 2014) — irrelevance is not a ground
   - Girish Deshpande v. CIC (2013) 1 SCC 212 — §8(1)(j) test
   - CPIO Supreme Court v. Subhash Chandra Agarwal (2020) 5 SCC 481 — public-interest balance

5. I do not enclose any fee, as §19(1) appeals are free.

Yours faithfully,
[Your name]
[Address, phone, email]

Encl.: Photocopy of original RTI + photocopy of PIO reply (if any).

• Right to Information Act, 2005, §19(1), §19(6), §19(8). Full text.
• Bhagat Singh v. CIC (Delhi HC, WP(C) 3114/2007, 3 Dec 2007).
• Adesh Kumar v. UoI (Delhi HC, WP(C) 3543/2014, 16 Dec 2014).
• CPIO SC v. Subhash Chandra Agarwal (2020) 5 SCC 481 — Constitution Bench.

• First Appeal Builder
• AI RTI Drafter
• Master directory of landmark RTI rulings
• Case-law database (300+)
• RTI Act, 2005

Last reviewed: 4 May 2026.