FAA Delay Beyond 45 Days: Citizen Remedy and Administrative Fix

The FAA timeline is the most ignored deadline in the RTI Act. PIOs sometimes wait it out, and FAAs sometimes wait until the appellant gives up. This page shows the citizen how to convert FAA inaction into a clean second-appeal record at the Commission.

• You filed a Section 19(1) first appeal and 45 days have lapsed without an order.
• The FAA has issued a “matter under consideration” letter without disposing.
• The FAA has called for a hearing repeatedly but never decided.
• The FAA has decided one of two grounds and silently kept the other pending.

• Section 19(1) — first appeal within 30 days.
• Section 19(6) — FAA disposal in 30 days, extendable to 45 with reasons recorded.
• Section 19(3) — second appeal to the Commission within 90 days.
• Section 18 — Commission's power to inquire into complaints, including delay.
• Section 19(8)(a) — Commission's power to issue corrective directions to the public authority.

1. Step 1. Compute the deadline: receipt date by FAA + 45 days. Verify receipt from the office's RTI register (you can ask in your appeal letter that the office record receipt and acknowledge).
2. Step 2. On Day 46, send a single-page reminder letter to the FAA citing Section 19(6). Keep this letter — it is evidence of your follow-up.
3. Step 3. On Day 50, draft the second appeal under Section 19(3). The Commission accepts second appeals where the FAA has not decided in time.
4. Step 4. File the second appeal with the relevant Commission (CIC for central authorities; SIC for state authorities). Use the format on the Commission's website.
5. Step 5. Mark a copy to the head of the public authority and to the Vigilance officer.
6. Step 6. Keep all postmark / portal receipts.
7. Step 7. When the Commission lists the matter, attend the hearing. Most Commissions allow video-conference appearance.

To,
The First Appellate Authority,
[Office name]

Subject: Reminder: Appeal No. FAA/YYYY/NNN dated [date] — disposal
overdue under Section 19(6).

Sir / Madam,

1. I had filed a first appeal under Section 19(1) of the RTI Act,
   2005 on [date], received by your office on [date], reference
   FAA/YYYY/NNN.

2. Section 19(6) of the Act requires disposal within 30 days,
   extendable to 45 days for reasons recorded. As of today, [date],
   46 / 50 / N days have lapsed.

3. I respectfully request:
   (a) That the appeal be disposed of by [a fixed date].
   (b) Failing which I shall be constrained to file a second appeal
       under Section 19(3) before the [Central / State] Information
       Commission, citing this letter as evidence of follow-up.

Yours faithfully,
[Signature]
[Name, Address, Date]

1. Ground 1. “FAA has not disposed within 45 days, in violation of Section 19(6).”
2. Ground 2. “Silence of the FAA tantamounts to confirmation of the PIO's refusal, which is itself bad in law for [refer to grounds in RTI rejected? How to fix it].”
3. Ground 3. “The Commission may direct the PIO and the FAA to comply, and consider Section 20 penalty for the PIO.”
4. Ground 4. “The Commission may also issue Section 19(8)(a) directions to the public authority for systemic non-compliance.”

A parallel route, especially useful when the same FAA has multiple pending appeals:

1. Complaint to the head of office under the public authority's Citizen's Charter.
2. Complaint to the Central Vigilance Commission (for central authorities) — the failure to dispose of statutory appeals is a vigilance concern.
3. Complaint to the State Vigilance Commission (for state authorities).
4. Inclusion in the public authority's Section 25 annual return — if the FAA has multiple pending appeals, the return must reflect them.
5. Complaint to the CAG in extreme cases of systemic delay — the CAG's compliance audit will flag.

• Filing the second appeal too early — wait until Day 46. Earlier appeals are returned by the Commission as premature.
• Filing too late — 90 days from “the date the order should have been made”. Some Commissions are flexible; some strict.
• Failing to attach the original RTI and the first appeal — the Commission needs the full record.
• Filing the second appeal at the High Court — wrong forum until Section 19(3) remedy is exhausted.
• Forgetting to copy the head of office — the administrative pressure helps.

• Adjourning hearings repeatedly without recording reasons.
• Sending the appeal back to the PIO for “comments” instead of deciding.
• Treating the appeal as a fresh RTI.
• Asking the appellant to “withdraw and re-file”.

The order is still valid; the appellant may accept it. If the appellant has already filed the second appeal, both proceedings can run in parallel; usually the Commission disposes citing the FAA's order.

CIC charges no fee. Some SICs levy a nominal fee. Check the Commission's rules.

The FAA is not directly named in Section 20 (which targets the PIO), but Commissions have invoked Section 19(8) corrective directions and adverse remarks against FAAs in egregious cases.

Section 19(6) permits up to 45 days for reasons recorded. The FAA should communicate the extension and reasons to the appellant.

No. The second appeal is alive; the Commission may dispose it citing the FAA's belated order.

If possible. Many Commissions allow video-conference. Affidavits in lieu of personal attendance are accepted.

Yes, if the order is bad on merits. The Commission's powers are wide under Section 19(8).

• The Right to Information Act, 2005 — Sections 18, 19, 20.
• Department of Personnel and Training, rti.gov.in — guidance on FAA timelines.
• Central Information Commission, cic.gov.in — second-appeal forms and rules.
• Central Vigilance Commission, cvc.gov.in — administrative remedy for systemic delay.

• FAA speaking order format
• FAA powers and limits
• Deemed-refusal checklist
• Second Appeal under Section 19(3)
• RTI rejected? How to fix it

Last reviewed: 9 May 2026.