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| + | {{htmlmetatags> | ||
| + | metatag-title=(FAA Speaking Order Format RTI Section 19 6 India 2026)& | ||
| + | ====== FAA Speaking Order Format: 5 Templates for RTI First Appeals ====== | ||
| + | |||
| + | <WRAP center round tip 100%> | ||
| + | **Direct answer.** A First Appellate Authority (FAA) must pass a **speaking order** under Section 19(6) of the RTI Act 2005 — that is, an order that records (a) the appeal facts, (b) the PIO's reply, (c) the appellant' | ||
| + | </ | ||
| + | |||
| + | A speaking order is the FAA's only protection against a second appeal. Information Commissions routinely set aside FAA orders that simply say " | ||
| + | |||
| + | ===== When you need a speaking order ===== | ||
| + | |||
| + | * **Section 19(1) appeal received** — FAA must pass an order within 30 days, extendable to 45 days under Section 19(6) with reasons recorded. | ||
| + | * **Whether you allow or reject the appeal** — both outcomes need a speaking order. | ||
| + | * **Even if appellant withdraws** — record the withdrawal as an order on file. | ||
| + | * **Third-party hearing under Section 11** — the FAA hears the third party and PIO before disposing of the appeal. | ||
| + | * **Deemed-refusal appeals** — FAA must direct the PIO to supply the information within a fixed deadline. | ||
| + | |||
| + | ===== Legal basis ===== | ||
| + | |||
| + | * **Section 19(1) RTI Act 2005** — applicant' | ||
| + | * **Section 19(6)** — FAA must dispose of the appeal within 30 days, extendable to 45 days for reasons recorded in writing. | ||
| + | * **Section 7(2)** — deemed refusal where PIO fails to reply within 30 days. | ||
| + | * **Section 8 + Section 10** — exemption clauses and severance. | ||
| + | * **Section 11** — third-party procedure. | ||
| + | * **DoPT Office Memorandum F. No. 1/ | ||
| + | |||
| + | ===== Speaking order: minimum structure ===== | ||
| + | |||
| + | Every FAA order under Section 19(6) should contain the following nine elements in order: | ||
| + | |||
| + | - **Heading** — name of office, FAA name and designation, | ||
| + | - **Appeal number** and **date of receipt**. | ||
| + | - **Appellant' | ||
| + | - **PIO' | ||
| + | - **Grounds of appeal** — the appellant' | ||
| + | - **Hearing notes** — date(s) of hearing, who attended, oral submissions. | ||
| + | - **Findings paragraph by paragraph** — FAA's reasoning on each ground. | ||
| + | - **Order** — the operative direction (information to be supplied / appeal rejected / partial disclosure with severance / etc.). | ||
| + | - **Right to second appeal** — note that the appellant may approach the Central or State Information Commission within 90 days under Section 19(3). | ||
| + | |||
| + | ===== Template 1 — Full disclosure ordered ===== | ||
| + | |||
| + | Use when the FAA has decided the PIO refused without lawful ground and the records must be supplied in full. | ||
| + | |||
| + | < | ||
| + | OFFICE OF THE [DEPARTMENT NAME] | ||
| + | [Address] | ||
| + | |||
| + | ORDER UNDER SECTION 19(6) OF THE RTI ACT, 2005 | ||
| + | |||
| + | Appeal No.: FAA/ | ||
| + | Date of receipt of appeal: [date] | ||
| + | Date of order: [date] | ||
| + | |||
| + | 1. The appellant Shri / Smt [name], resident of [address], filed an | ||
| + | | ||
| + | | ||
| + | | ||
| + | |||
| + | 2. The Public Information Officer (PIO), [PIO designation], | ||
| + | | ||
| + | |||
| + | 3. Aggrieved, the appellant filed a First Appeal under Section 19(1) on | ||
| + | | ||
| + | |||
| + | 4. A hearing was held on [date]. The appellant attended in person / | ||
| + | | ||
| + | |||
| + | 5. Findings. | ||
| + | (a) The information sought at point 1 falls squarely within the | ||
| + | scope of Section 2(f) of the Act and is held by this office. | ||
| + | (b) The PIO has not pleaded any exemption under Section 8(1). | ||
| + | (c) Mere claim of " | ||
| + | | ||
| + | (d) The PIO has a positive duty under Section 5(4) to seek | ||
| + | | ||
| + | | ||
| + | held elsewhere. | ||
| + | |||
| + | 6. Order. | ||
| + | (a) The appeal is allowed. | ||
| + | (b) The PIO shall supply the records sought at points [list] in | ||
| + | full to the appellant within fifteen (15) days of receipt of | ||
| + | this order, free of further fee. | ||
| + | (c) Compliance report to be placed before the undersigned within | ||
| + | | ||
| + | |||
| + | 7. The appellant is informed that, if aggrieved by this order, a | ||
| + | | ||
| + | | ||
| + | |||
| + | (Signature) | ||
| + | [FAA Name] | ||
| + | First Appellate Authority | ||
| + | [Designation, | ||
| + | </ | ||
| + | |||
| + | ===== Template 2 — Partial disclosure with Section 10 severance ===== | ||
| + | |||
| + | Use when part of the file legitimately attracts an exemption but the rest must be supplied. | ||
| + | |||
| + | < | ||
| + | ORDER UNDER SECTION 19(6) OF THE RTI ACT, 2005 | ||
| + | |||
| + | Appeal No.: FAA/ | ||
| + | Date of order: [date] | ||
| + | |||
| + | [Paragraphs 1 to 4 as in Template 1] | ||
| + | |||
| + | 5. Findings. | ||
| + | (a) The note-sheet at pages [x to y] of file [name] contains | ||
| + | | ||
| + | | ||
| + | | ||
| + | | ||
| + | (b) The remaining portions of the file contain administrative | ||
| + | and policy correspondence that is not exempt. | ||
| + | (c) Section 10(1) of the Act requires the PIO to sever the exempt | ||
| + | | ||
| + | |||
| + | 6. Order. | ||
| + | (a) The appeal is partly allowed. | ||
| + | (b) Pages [x to y] of file [name] are upheld as exempt under | ||
| + | | ||
| + | (c) The PIO shall sever and supply pages [list] of file [name] | ||
| + | to the appellant within fifteen (15) days, redacting only | ||
| + | the third-party identifiers under Section 10(1). | ||
| + | (d) Reasons for redaction shall be communicated to the appellant | ||
| + | in writing under Section 10(2). | ||
| + | |||
| + | [Closing as in Template 1] | ||
| + | </ | ||
| + | |||
| + | ===== Template 3 — Section 8 exemption upheld ===== | ||
| + | |||
| + | Use when the FAA agrees with the PIO that the records are exempt. | ||
| + | |||
| + | < | ||
| + | ORDER UNDER SECTION 19(6) OF THE RTI ACT, 2005 | ||
| + | |||
| + | Appeal No.: FAA/ | ||
| + | Date of order: [date] | ||
| + | |||
| + | [Paragraphs 1 to 4 as in Template 1] | ||
| + | |||
| + | 5. Findings. | ||
| + | (a) The records sought at point [x] consist of [describe nature | ||
| + | of the record without revealing exempt content]. | ||
| + | (b) These records relate to [security / commercial confidence / | ||
| + | | ||
| + | | ||
| + | (c) The public-interest test under the proviso to Section 8(1) / | ||
| + | | ||
| + | the larger public interest does not outweigh the harm | ||
| + | | ||
| + | (d) The remaining records at points [list] are not exempt and | ||
| + | were already supplied by the PIO on [date]. | ||
| + | |||
| + | 6. Order. | ||
| + | (a) The appeal is rejected as regards point [x]. | ||
| + | (b) No further direction is necessary. | ||
| + | |||
| + | [Closing as in Template 1] | ||
| + | </ | ||
| + | |||
| + | ===== Template 4 — Deemed refusal direction ===== | ||
| + | |||
| + | Use when the PIO failed to reply within thirty days under Section 7(1) and the appellant has filed under Section 7(2). | ||
| + | |||
| + | < | ||
| + | ORDER UNDER SECTION 19(6) OF THE RTI ACT, 2005 | ||
| + | |||
| + | Appeal No.: FAA/ | ||
| + | Date of order: [date] | ||
| + | |||
| + | 1. RTI dated [date], reference [XXX]. | ||
| + | 2. The PIO did not reply within thirty (30) days. The information is | ||
| + | | ||
| + | 3. The appellant has filed this appeal under Section 19(1) on [date]. | ||
| + | 4. A hearing was held on [date]. The PIO appeared and stated that | ||
| + | | ||
| + | |||
| + | 5. Findings. | ||
| + | (a) The PIO's reasons do not constitute "fit cause" under | ||
| + | | ||
| + | (b) Deemed refusal is a serious breach of the citizen' | ||
| + | | ||
| + | | ||
| + | | ||
| + | |||
| + | 6. Order. | ||
| + | (a) The appeal is allowed. | ||
| + | (b) The PIO shall supply the information sought in the original | ||
| + | RTI dated [date] in full, free of further fee, within ten | ||
| + | (10) working days of receipt of this order. | ||
| + | (c) Compliance report to the undersigned within fifteen (15) days. | ||
| + | (d) A copy of this order is placed on the personal file of the | ||
| + | PIO; the matter of penalty under Section 20 is left open for | ||
| + | the Information Commission to consider in any second appeal. | ||
| + | |||
| + | [Closing as in Template 1] | ||
| + | </ | ||
| + | |||
| + | ===== Template 5 — Third-party appeal under Section 11 ===== | ||
| + | |||
| + | Use when a third party (whose information was disclosed by the PIO) has filed an appeal, or where the appellant seeks third-party records. | ||
| + | |||
| + | < | ||
| + | ORDER UNDER SECTION 19(6) READ WITH SECTION 11 OF THE RTI ACT, 2005 | ||
| + | |||
| + | Appeal No.: FAA/ | ||
| + | Date of order: [date] | ||
| + | |||
| + | 1. Appellant: [name and capacity — applicant / third party]. | ||
| + | 2. RTI sought: [records that pertain to a third party]. | ||
| + | 3. The PIO issued a notice to the third party under Section 11(1) on | ||
| + | | ||
| + | |||
| + | 4. A hearing was held on [date]. Both the appellant and the third | ||
| + | party were heard; minutes are on file. | ||
| + | |||
| + | 5. Findings. | ||
| + | (a) The information involves [trade secret / personal data / | ||
| + | | ||
| + | (b) Under Section 11(1), the PIO is required to weigh the | ||
| + | | ||
| + | third party. | ||
| + | (c) On the facts of this appeal, [the larger public interest | ||
| + | | ||
| + | |||
| + | 6. Order. | ||
| + | (a) [Disclosure ordered with redactions / disclosure refused / | ||
| + | full disclosure]. | ||
| + | (b) The third party is informed that, if aggrieved, an appeal | ||
| + | lies before the [Central / State] Information Commission | ||
| + | under Section 19(2) within thirty (30) days. | ||
| + | |||
| + | [Closing as in Template 1] | ||
| + | </ | ||
| + | |||
| + | ===== Common mistakes FAAs make ===== | ||
| + | |||
| + | * **One-line orders.** " | ||
| + | * **Cut-and-paste of PIO's reply** as the FAA's reasoning — the FAA must apply an independent mind. | ||
| + | * **Missing hearing date.** Even where the appellant does not seek a hearing, record the offer of a hearing in the order. | ||
| + | * **Forgetting Section 10 severance** — refusing the entire file when only one paragraph attracts an exemption. | ||
| + | * **Confusing Section 19(8) penalty powers with FAA powers** — the FAA cannot impose Section 20 penalty; that lies with the Commission. (See [[guide: | ||
| + | * **No mention of the right of second appeal** — Section 19(3) right is mandatory information. | ||
| + | * **Issuing the order in the local language only** when the appellant has filed in English (and vice versa) — supply translation if requested. | ||
| + | |||
| + | ===== If the FAA does not pass a speaking order ===== | ||
| + | |||
| + | The appellant may file a second appeal before the Central / State Information Commission under Section 19(3) within 90 days of the FAA order. The Commission has, in numerous decisions, set aside FAA orders that are not speaking orders, and remanded the matter for fresh disposal. See, for example, the CIC's standing instructions to FAAs in Decision No. CIC/ | ||
| + | |||
| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== Is a speaking order mandatory for every appeal? ==== | ||
| + | |||
| + | Yes. The expression " | ||
| + | |||
| + | ==== Can the FAA pass an oral order? ==== | ||
| + | |||
| + | No. The order must be in writing, signed and dispatched to the appellant and the PIO. | ||
| + | |||
| + | ==== What if the FAA wants to extend beyond 30 days? ==== | ||
| + | |||
| + | Section 19(6) allows up to 45 days, but the FAA must record the reasons for the extension on file before exceeding 30 days. | ||
| + | |||
| + | ==== Does the FAA have to grant a hearing? ==== | ||
| + | |||
| + | The Act is silent, but DoPT guidance and CIC orders treat a hearing as a part of natural justice when the appellant requests it. Always offer a hearing in the acknowledgement letter. | ||
| + | |||
| + | ==== Can the FAA impose a penalty on the PIO? ==== | ||
| + | |||
| + | No. Penalty under Section 20 lies only with the Information Commission. The FAA can only direct disclosure and record adverse remarks for the PIO's personal file. | ||
| + | |||
| + | ==== What if the PIO does not comply with the FAA order? ==== | ||
| + | |||
| + | The appellant should file a non-compliance complaint with the Commission under Section 18, along with the second appeal under Section 19(3) if necessary. | ||
| + | |||
| + | ==== Should the FAA share the order with the PIO before issuing it? ==== | ||
| + | |||
| + | No. The FAA's order is final at her level and goes to both parties simultaneously. | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | * The Right to Information Act, 2005 — Section 19, Section 11, Section 8, Section 10. | ||
| + | * Department of Personnel and Training, [[https:// | ||
| + | * *Bhagat Singh v. CIC*, Delhi High Court, 2007. | ||
| + | * *Adesh Kumar v. Union of India*, Delhi High Court, 2014. | ||
| + | * *Girish Ramchandra Deshpande v. CIC*, (2013) 1 SCC 212. | ||
| + | * Central Information Commission, [[https:// | ||
| + | |||
| + | ===== See also ===== | ||
| + | |||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | * [[guide: | ||
| + | |||
| + | Last reviewed: 9 May 2026. | ||
| + | ===== FAA speaking order format: How to write and what to include (2026) ===== | ||
| + | |||
| + | FAA speaking order format — complete guide on writing First Appellate Authority orders: | ||
| + | |||
| + | - **Step 1: What is a speaking order under RTI?** (a) A speaking order — is a reasoned — order — passed — by the First Appellate Authority — (FAA) — under Section 19(1) — of the RTI Act — that explains — the reasons — for the decision, (b) the requirement: | ||
| + | - **Step 2: FAA order format table — key sections.** (a) Header: (i) the content: appeal — number — date — appellant — name — PIO — name — public authority, (ii) the format: top — of the order, (b) Facts: (i) the content: brief — facts — of the case — including — the RTI — application — date — the PIO — response — date, (ii) the format: paragraph — 1-2, (c) Grounds — of appeal: (i) the content: the grounds — on which — the appeal — is filed, (ii) the format: paragraph — 3-4, (d) Findings: (i) the content: the FAA — findings — on each — ground — with — the reasons, (ii) the format: paragraph — 5-10, (e) Directions: (i) the content: the directions — to the PIO — including — the timeline — for compliance, (ii) the format: paragraph — 11-12, (f) Signature: (i) the content: FAA — name — designation — signature — date, (ii) the format: bottom — of the order. | ||
| + | - **Step 3: How to write a speaking order — step by step.** (a) Step 1: Header — (appeal — number — date — appellant — details — PIO — details — public authority), (b) Step 2: Brief — facts — (RTI — application — date — the information — sought — the PIO — response — date — the response — content), (c) Step 3: Grounds — of appeal — (the specific — grounds — on which — the appellant — has challenged — the PIO — response), (d) Step 4: Findings — (the FAA — analysis — of each — ground — with — the relevant — provisions — and the CIC — decisions), (e) Step 5: Directions — (the specific — directions — to the PIO — including — the information — to be provided — the timeline — for compliance), | ||
| + | - **Step 4: Common errors in FAA orders.** (a) the non-speaking — order: (i) the FAA — rejects — the appeal — without — giving — the reasons, (ii) the remedy: challenge — in the High Court — under Article 226, (b) the cryptic — order: (i) the FAA — says "PIO — response — is correct" | ||
| + | - **Step 5: How to challenge a non-speaking order.** (a) the second — appeal: (i) file — the second — appeal — with the CIC — under Section 19(3), (ii) the second — appeal — should include: (a) the copy — of the FAA — order, (b) the grounds — on which — the FAA — order — is challenged, (c) the relief — sought, (b) the High Court: (i) file — the writ — petition — under Article 226 — of the Constitution, | ||
| + | - **Step 6: How to file RTI for FAA order compliance.** (a) the public — authority — is a public authority — under the RTI Act, (b) the RTI application — can ask: (i) " | ||
| + | - **Step 7: Practical tips.** (a) always — demand — a speaking — order — from the FAA, (b) check — that the FAA — order — addresses — each — ground — of appeal, (c) file — the second — appeal — with the CIC — if the FAA — order — is non-speaking — or delayed, (d) file — the writ — petition — in the High Court — if the CIC — does not act, (e) file RTI — for the compliance — report — and the FAA — statistics, (f) Example: An appellant — filed — the first — appeal — and the FAA — rejected — the appeal — without — giving — reasons — and the appellant — filed — the second — appeal — with the CIC — and the CIC — set aside — the FAA — order — and directed — the FAA — to pass — a fresh — speaking — order — within 15 days — and the FAA — passed — the speaking — order — and directed — the PIO — to provide — the information. | ||
| + | |||
| + | See [[https:// | ||
| + | |||
| + | {{tag> | ||