RTI First Appeal Hearing Evidence File - citizen guide 2026

For an RTI first appeal hearing, carry one paginated evidence file, a one-page chronology, an item-by-item issue table and a short written submission stating the exact disclosure you still need. Section 19 does not prescribe an oral hearing in every first appeal, so submit a complete paper trail even if the First Appellate Authority decides the appeal only from the record.

This guide is for an applicant who has already filed a first appeal and has received a hearing notice, or wants to place a clear written submission before the First Appellate Authority (FAA). For filing the appeal itself, start with the RTI first appeal guide or build a draft with the First Appeal Builder.

If the hearing is close, do these five things first:

1. Put the RTI application, proof of filing, PIO reply, first appeal and hearing notice in date order.
2. Number every page continuously, such as pages 1 to 24.
3. Make a table matching each original RTI item to the PIO's response and the remaining defect.
4. Write the relief in record-based language: certified copy, inspection, electronic copy, corrected fee calculation or a reasoned decision on a stated exemption.
5. Send the bundle through the method stated in the notice and retain proof of delivery.

Do not turn the hearing into a general complaint about the department. The FAA is deciding an RTI appeal. Keep returning to the original numbered information requests, the reply actually given and the precise information still withheld.

The Right to Information Act, 2005 on India Code supplies the legal frame:

• Ordinary reply clock: Section 7(1) ordinarily requires a decision within 30 days of receipt of the request. Special situations can have different clocks, so use the RTI Timeline Calculator for your facts.
• No timely decision: Section 7(2) treats failure to decide within the applicable period as a deemed refusal.
• First-appeal filing clock: Section 19(1) gives 30 days from the expiry of the response period or receipt of the PIO decision. The FAA may admit a late appeal if sufficient cause prevented timely filing.
• FAA decision clock: Section 19(6) requires disposal within 30 days of receipt, or within an extended total period of up to 45 days with reasons recorded in writing.
• Burden on denial: Section 19(5) places the burden of justifying a denial on the PIO who denied the request.
• Delayed information: Section 7(6) says information is to be supplied free of charge when the public authority fails the Section 7(1) time limit.

Section 19 does not set a national format for an applicant's first-appeal hearing bundle, and it does not say that every first appeal must have an oral hearing. Treat the file below as a practical aid, not a prescribed form. Follow any applicable State RTI rules and every lawful direction in the hearing notice.

The Department of Personnel and Training (DoPT) tells central public authorities that an FAA should act fairly and judiciously and pass a detailed, speaking order giving reasons. Its guidance also says that if more information should be supplied, the FAA may direct the PIO to provide it or provide it with the order. See pages 85 to 87 and 93 to 94 of the DoPT RTI Compendium 2023.

Use a single PDF for an online or email hearing, and an identically paginated paper set for an in-person hearing. A simple exhibit index is enough:

Keep personal data to the minimum needed for the proceeding. The Central RTI Online guidelines warn users not to upload Aadhaar, PAN or other personal identification, apart from a BPL card where relevant. Do not attach identity documents merely to make the file look formal.

The chronology should use verifiable dates, not argument:

If the RTI was transferred, an additional-fee notice was issued, or third-party procedure was used, show that event separately. Do not force a simple 30-day calculation onto a case with a different statutory clock.

A strong hearing file makes it easy to compare the original request, the reply and the relief. Use one row for every contested item.

Do not add new questions under the label of clarification. A first appeal reviews the response to the original RTI request. Keep the relief tied to those numbered items. If you now want a search note, file-movement log or retention schedule that was not originally requested, a focused fresh RTI is usually the cleaner route.

The Supreme Court's official judgment in CPIO, Supreme Court of India v. Subhash Chandra Agarwal explains the significance of information being held by or under the control of a public authority. That is why the submission should identify existing records and forms of access, not demand that the PIO create an opinion or decide the underlying grievance.

Keep this to two or three pages before the exhibits. Delete any ground that does not apply.

BEFORE THE FIRST APPELLATE AUTHORITY
[Name of public authority]

First Appeal No.: [number, if assigned]
RTI Request No.: [number]
Appellant: [name]
PIO: [designation]

WRITTEN SUBMISSION FOR HEARING ON [date]

1. Short background
I filed the RTI request on [date]. It sought the records listed in
items [numbers]. The PIO's reply dated [date] is at Exhibit D.

2. Chronology
The one-page chronology is attached at Exhibit H-1.

3. Issues still requiring a decision

Item [number]: [short description of original request]
PIO response: [accurate summary]
Remaining defect: [no reply / incomplete record / exemption / fee / form]
Ground: [applicable RTI Act provision]
Relief: [exact record or form of access requested]

Repeat the block only for each disputed item.

4. Relief requested
I respectfully request the FAA to:

(a) decide each disputed item separately;
(b) direct disclosure of the identified records in the requested form,
    or allow inspection followed by selected copies, as applicable;
(c) if any part remains exempt, identify the legal ground and provide
    the severable portion under Section 10;
(d) apply Section 7(6) if the statutory conditions for free supply are met; and
(e) issue a dated, reasoned written order and communicate it to me.

List of exhibits: A to H
Date:
Signature:
Name and contact address:

You can prepare the first draft with the AI RTI drafter or speak your facts into AwaazRTI, but compare every generated sentence with your actual documents before filing.

1. Read the notice for the date, time, mode, file-size limit and service directions.
2. Send the written submission early enough to obtain a delivery record. If the notice gives no method, ask the FAA's office which official channel to use.
3. Keep the PIO reply and issue-remedy table open side by side.
4. Prepare a 60-second opening: filing date, main defect and exact relief.
5. Carry a spare clean copy if the hearing is in person.

Start with: “My appeal concerns items 2, 4 and 5. The issue-remedy table is at page [x]. I seek the existing records identified there.”

Then take each disputed item in order. Point to the page, state the defect and stop after stating the relief. If the PIO relies on a new exemption, note the exact provision and reasoning. Section 19(5) places the burden of justifying a denial on the PIO; it does not remove the applicant's need to identify what remains unanswered.

If the PIO supplies records during the hearing, mark the date and pages received. You can acknowledge receipt without immediately accepting that every item is complete. Ask for a short opportunity to compare the pages with the issue table when the volume makes an instant check unrealistic.

End by asking for a dated written order that records the decision on each disputed item. DoPT's official guidance treats the first-appeal decision as a reasoned, speaking order, not a one-line endorsement of the PIO reply.

Write a same-day note for your own file recording attendance, documents handed over, points discussed and any date stated by the FAA. This note is not proof of what the FAA decided; the written order remains the reliable record.

When the order arrives, compare it with the issue-remedy table:

• Which original items were allowed, rejected or left undecided?
• Did the order give reasons for continued denial?
• Did it direct a form of access and was that direction followed?
• If information was delayed, did the order address Section 7(6)?

If no first-appeal decision is made within the Section 19(6) maximum period, or if the decision still leaves a valid dispute, consider a second appeal within the Section 19(3) clock. Use the second appeal guide and file before the correct Central or State Information Commission. The CIC's document checklist applies to Central Information Commission cases; a State Information Commission may have different filing rules.

This example is hypothetical. It is not a report of an actual appeal or result.

Meera asked a municipal body for certified copies of four existing record sets concerning lane repairs: the sanctioned estimate, work order, relevant measurement-book pages and final inspection report. The PIO sent only the work order and said the remaining material was voluminous.

Her hearing file contains the original four-item RTI, delivery proof, the one-page reply, the first appeal and the notice. Her issue table does not discuss whether the repair itself was good or bad. It says:

1. Item 1, sanctioned estimate: no response; relief sought is a certified copy.
2. Item 2, work order: received; no further relief.
3. Item 3, measurement-book pages: described as voluminous; relief sought is inspection of the relevant volume followed by selected certified pages.
4. Item 4, inspection report: no response; relief sought is a copy, or a reasoned decision if disclosure is refused.

Her written submission asks the FAA to decide items 1, 3 and 4 separately. If the PIO offers a reasonable inspection date at the hearing, she can record that offer and ask that the written order preserve the arrangement. She does not claim a real-world victory, compensation or penalty from these hypothetical facts.

1. Arguing the underlying grievance: An FAA decides access to information, not whether a road, benefit, appointment or service decision was correct.
2. Dumping unindexed screenshots: Give each relied-on document a page number and a purpose.
3. Changing the original request: New information requests can distract from clear defects in the PIO reply.
4. Quoting many cases without a link: One directly relevant, verifiable authority is better than a list of unverified case names.
5. Claiming a hearing is always mandatory: Section 19 does not expressly guarantee an oral first-appeal hearing in every case.
6. Asking the FAA to impose a Section 20 penalty: Section 20 assigns the penalty decision to the Central or State Information Commission. Keep first-appeal relief centred on disclosure, fees, access and a reasoned order.
7. Assuming one fee rule covers every State: The Central portal says no fee is payable for a first appeal filed there, but State rules and procedures must be checked separately.
8. Uploading unnecessary ID: Extra personal data creates risk and rarely proves an RTI issue.

1. [ ] Original RTI and attachments are complete and legible.
2. [ ] Filing and delivery proof is included.
3. [ ] PIO reply and all enclosures are included.
4. [ ] First appeal and its receipt are included.
5. [ ] Hearing notice and official correspondence are included.
6. [ ] Pages are numbered and exhibits are indexed.
7. [ ] Chronology uses exact dates.
8. [ ] Each disputed RTI item has one issue-remedy row.
9. [ ] Written submission asks only for supportable relief.
10. [ ] Personal identifiers not required for the case are removed.
11. [ ] Submission and service proof are saved in more than one place.
12. [ ] The post-order and second-appeal deadline is diarised.

For a broader sequence from request to appeal, see The RTI Playbook.

Section 19 does not expressly require an oral hearing for every first appeal. Some FAAs issue hearing notices and others decide from the papers. File a complete written record and follow the notice or applicable rules in your jurisdiction.

Send the written submission through the notice's official channel as soon as possible and retain time-stamped proof. If attendance is impossible, promptly request another date and explain why, but do not assume that adjournment will be granted.

The RTI Act does not create a nationwide notarised hearing-bundle requirement. Sign your submission and follow the applicable Central or State rules and any specific direction in the notice. Do not invent an affidavit requirement.

Keep the appeal tied to the original RTI items. If you need a genuinely new record that was not requested, file a focused new RTI instead of relying on the FAA to expand the old request.

Section 20 gives the penalty power to the Central or State Information Commission. At first appeal, ask for disclosure, correct access or fee treatment, severance where relevant and a reasoned written order.

Record what was received and compare it with each original item. Acknowledge delivery, but do not state that the appeal is fully resolved until you have checked completeness and legibility.

Use the FAA of that State public authority for the first appeal and the relevant State Information Commission for a later second appeal. The Central RTI Online portal expressly says it is for Central Government public authorities, not State authorities.

Section 19(6) permits a total of no more than 45 days for disposal, with written reasons required for extending beyond 30 days. If no order comes, calculate the Section 19(3) second-appeal deadline and file before the correct Information Commission with proof of the first appeal.

Official sources checked on 5 September 2026:

• India Code: Right to Information Act, 2005, especially Sections 2, 7, 10, 19 and 20.
• Central Information Commission: Section 19 appeal text.
• DoPT RTI Compendium 2023, especially pages 85 to 87 and 93 to 94 on disposal of first appeals.
• RTI Online FAQ and RTI Online portal guidelines.
• Central Information Commission second-appeal document guidelines.
• Supreme Court of India: CPIO, Supreme Court of India v. Subhash Chandra Agarwal, 13 November 2019.