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—guide:faa:delay-beyond-45-days [2026/07/10 22:12] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(FAA delay 45 days,FAA not deciding RTI appeal,Section 19 6 RTI,FAA delay remedy,RTI appeal delay)
 +metatag-title=(FAA Delay Beyond 45 Days RTI Remedy India 2026)&metatag-description=(What an applicant should do when the First Appellate Authority does not dispose of an RTI first appeal within the statutory 45 days. The Section 19 3 second-appeal pathway, the administrative-fix complaint, and template letters. Free 2026 guide.)}}
  
 +====== FAA Delay Beyond 45 Days: Citizen Remedy and Administrative Fix ======
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** Section 19(6) of the RTI Act 2005 obliges a First Appellate Authority to dispose of a first appeal within **30 days**, extendable to **45 days** for reasons recorded. Where the FAA exceeds 45 days, the appellant has two parallel remedies: (i) **Second Appeal under Section 19(3)** to the Central or State Information Commission within 90 days of the date the FAA's order **should** have been received (treating the silence itself as adverse), and (ii) an **administrative complaint** to the head of the public authority and to the Central Vigilance Commission / State Vigilance Commission depending on jurisdiction. There is no third remedy at the FAA level itself.
 +</WRAP>
 +
 +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.
 +
 +===== When this guide applies =====
 +
 +  * 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.
 +
 +===== Legal basis =====
 +
 +  * **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.
 +
 +===== Step by step =====
 +
 +  - **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).
 +  - **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.
 +  - **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.
 +  - **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.
 +  - **Step 5.** Mark a copy to the head of the public authority and to the Vigilance officer.
 +  - **Step 6.** Keep all postmark / portal receipts.
 +  - **Step 7.** When the Commission lists the matter, attend the hearing. Most Commissions allow video-conference appearance.
 +
 +===== Reminder letter template =====
 +
 +<code>
 +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]
 +</code>
 +
 +===== Second-appeal grounds where FAA has not decided =====
 +
 +  - **Ground 1.** "FAA has not disposed within 45 days, in violation of Section 19(6)."
 +  - **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 [[guide:applicant:rti-rejection-fix|RTI rejected? How to fix it]]]."
 +  - **Ground 3.** "The Commission may direct the PIO and the FAA to comply, and consider Section 20 penalty for the PIO."
 +  - **Ground 4.** "The Commission may also issue Section 19(8)(a) directions to the public authority for systemic non-compliance."
 +
 +===== Administrative-fix path =====
 +
 +A parallel route, especially useful when the same FAA has multiple pending appeals:
 +
 +  - Complaint to the head of office under the public authority's Citizen's Charter.
 +  - Complaint to the **Central Vigilance Commission** (for central authorities) — the failure to dispose of statutory appeals is a vigilance concern.
 +  - Complaint to the **State Vigilance Commission** (for state authorities).
 +  - Inclusion in the public authority's Section 25 annual return — if the FAA has multiple pending appeals, the return must reflect them.
 +  - Complaint to the **CAG** in extreme cases of systemic delay — the CAG's compliance audit will flag.
 +
 +===== Common appellant mistakes =====
 +
 +  * **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.
 +
 +===== Common FAA mistakes that lead to delay =====
 +
 +  * 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".
 +
 +===== Frequently asked questions =====
 +
 +==== What if the FAA decides on Day 46? ====
 +
 +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.
 +
 +==== Is there a fee for second appeal? ====
 +
 +CIC charges no fee. Some SICs levy a nominal fee. Check the Commission's rules.
 +
 +==== Can the Commission impose a penalty on the FAA? ====
 +
 +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.
 +
 +==== What if the FAA seeks an extension within 30 days? ====
 +
 +Section 19(6) permits up to 45 days for reasons recorded. The FAA should communicate the extension and reasons to the appellant.
 +
 +==== Does my second appeal expire if the FAA decides later? ====
 +
 +No. The second appeal is alive; the Commission may dispose it citing the FAA's belated order.
 +
 +==== Should I attend the Commission hearing personally? ====
 +
 +If possible. Many Commissions allow video-conference. Affidavits in lieu of personal attendance are accepted.
 +
 +==== Can the Commission set aside the FAA's belated order? ====
 +
 +Yes, if the order is bad on merits. The Commission's powers are wide under Section 19(8).
 +
 +===== Sources =====
 +
 +  * The Right to Information Act, 2005 — Sections 18, 19, 20.
 +  * Department of Personnel and Training, [[https://cic.gov.in|cic.gov.in]] — guidance on FAA timelines.
 +  * Central Information Commission, [[https://cic.gov.in|cic.gov.in]] — second-appeal forms and rules.
 +  * Central Vigilance Commission, [[https://cvc.gov.in|cvc.gov.in]] — administrative remedy for systemic delay.
 +
 +===== See also =====
 +
 +  * [[guide:faa:speaking-order-format|FAA speaking order format]]
 +  * [[guide:faa:powers-and-limits|FAA powers and limits]]
 +  * [[guide:faa:deemed-refusal-checklist|Deemed-refusal checklist]]
 +  * [[guide:applicant:second-appeal|Second Appeal under Section 19(3)]]
 +  * [[guide:applicant:rti-rejection-fix|RTI rejected? How to fix it]]
 +
 +Last reviewed: 9 May 2026.
 +===== First Appeal delay beyond 45 days: What to do when the FAA does not respond? =====
 +
 +When the First Appellate Authority (FAA) does not respond within 45 days, here is the complete guide:
 +
 +  - **Step 1: What is the timeline?** (a) under Section 19(1) of the RTI Act: the FAA must dispose of the first appeal within 30 days (and in exceptional cases, within 45 days — with recorded reasons), (b) if the FAA does not respond within 45 days: the applicant has the right to file a second appeal with the Information Commission, (c) the second appeal must be filed within 90 days of the expiry of the 45-day deadline (or within 90 days of the FAA's decision — if the FAA rejects the appeal).
 +  - **Step 2: Common reasons for delay.** (a) the FAA is not designated (the public authority has not designated an FAA — or the designated FAA has transferred and a new one has not been appointed), (b) the FAA is too busy (the FAA is a senior officer — with other responsibilities — and does not prioritize RTI appeals), (c) the FAA has not received the appeal (the appeal was sent to the wrong address — or was lost in transit), (d) the FAA is waiting for the PIO's response (the FAA asked the PIO for an explanation — but the PIO has not responded), (e) the FAA is deliberately delaying (the FAA does not want to give the information — and is using delay as a tactic).
 +  - **Step 3: What to do.** (a) send a reminder (by registered post — to the FAA, requesting disposal of the appeal within 7 days — citing Section 19(1) and the 45-day deadline), (b) send a copy to the PIO (the PIO should know that the appeal is pending — and may facilitate the FAA's response), (c) send a copy to the Information Commission (the Commission monitors compliance — and may take suo motu action), (d) if the FAA still does not respond: file the second appeal immediately (do not wait — the 90-day deadline starts from the expiry of the 45-day period).
 +  - **Step 4: How to file the second appeal.** (a) file with the Central Information Commission (CIC — for central government) or the State Information Commission (SIC — for state government), (b) the second appeal should include: (i) the RTI application (copy — with the application number and date), (ii) the PIO's reply (copy — or a note that the PIO did not reply), (iii) the first appeal (copy — with the date of filing), (iv) the FAA's non-response (a note that the FAA did not respond within 45 days), (v) the specific information sought (and why it should be provided), (c) the appeal must be in the prescribed format (check the CIC/SIC website — for the format and the fee), (d) the appeal can be filed online (through the CIC/SIC online portal) or offline (by registered post).
 +  - **Step 5: CIC/SIC process.** (a) the Commission registers the appeal and issues a notice to the FAA and the PIO (directing them to appear before the Commission), (b) the Commission hears the appeal (the appellant can appear in person — or through a lawyer — or via video conference), (c) the Commission can: (i) order the PIO to provide the information (within a specified timeframe), (ii) impose a penalty of Rs 250 per day (up to Rs 25,000 — for delay without reasonable cause), (iii) recommend disciplinary action against the PIO (for persistent refusal or deliberate delay), (iv) order compensation (if the appellant suffered a loss due to the non-supply of information).
 +  - **Step 6: Penalty provisions.** (a) Section 20(1): penalty for refusal to receive application, not responding within 30 days, giving false/misleading/incomplete information, destroying information — Rs 250 per day (up to Rs 25,000), (b) Section 20(2): persistent refusal to provide information — disciplinary action (the Commission can recommend departmental proceedings), (c) the FAA can also be penalized (if the FAA deliberately delayed the appeal — the Commission can take action), (d) the burden is on the PIO/FAA to prove "reasonable cause" (if they cannot — the penalty is imposed).
 +  - **Step 7: Documentation checklist.** (a) RTI application copy (with proof of submission — receipt, postal tracking, or online confirmation), (b) PIO reply copy (or a note: "PIO did not reply within 30 days"), (c) First appeal copy (with proof of filing — receipt or postal tracking), (d) FAA non-response note ("FAA did not respond within 45 days — the 45-day period expired on [date]"), (e) any correspondence with the FAA/PIO (emails, letters — with dates), (f) the specific information sought (and the relevance — if applicable), (g) the relief sought (provide information + penalty + compensation).
 +
 +See [[https://righttoinformation.wiki/guide/faa/delay-beyond-45-days|FAA Delay]] and [[https://righttoinformation.wiki/guide/second-appeal|Second Appeal]].
 +
 +{{tag>first appeal delay 45 days faa no response second appeal information commission penalty section 20 rti act 2026}}