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rti-first-appeal-second-appeal-guide [2026/04/22 19:30] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(rti first appeal, rti second appeal, section 19 rti act, rti appeal format, faa rti, central information commission appeal, rti appeal procedure, rti appeal deadline, rti appeal grounds, sample rti appeal letter)
 +metatag-description=(Complete 2026 guide to RTI First Appeal under §19(1) and Second Appeal under §19(3) — deadlines, grounds, sample letters, case law, CIC procedure. Beat any PIO denial.)
 +metatag-title=(RTI First Appeal & Second Appeal — Complete 2026 Guide with Templates)}}
 +====== RTI First Appeal & Second Appeal — Complete 2026 Guide ======
 +
 +{{ :og/card-04.png?direct&1200 |RTI First Appeal Second Appeal — RTI Wiki}}
 +
 +**If your RTI to a Public Information Officer was ignored, refused, or partially answered, the Right to Information Act, 2005 gives you two layers of statutory remedy: First Appeal under Section 19(1) within 30 days of the PIO order (or 30-day reply window expiry), and Second Appeal under Section 19(3) within 90 days of the FAA decision.** Burden of proof falls on the PIO under §19(5). Penalty up to ₹25,000 (₹250/day) under §20(1) is personally payable from the PIO's salary; compensation under §19(8)(b) is separately awardable to the applicant. This guide gives you the **exact procedure, ten valid grounds of appeal, three sample letters (First Appeal + Second Appeal + Condonation), latest CIC precedents (2024-25), state-wise fee table, and one-click hand-off to our AI Appeal Drafter** — built from the DoPT RTI Annual Report 2022-23, CIC Annual Report 2023-24, and the leading Supreme Court rulings on §19 (CBSE v. Aditya Bandopadhyay 2011, RBI v. Jayantilal Mistry 2016, Namit Sharma v. UoI 2013).
 +
 +<WRAP center round info 95%>
 +**TL;DR — three timelines you must remember:**
 +  * **First Appeal:** within **30 days** of PIO order OR expiry of 30-day reply window (deemed refusal under §7(2)) → §19(1).
 +  * **FAA disposal:** **30 days** (extendable to 45 with reasons) → §19(6).
 +  * **Second Appeal to CIC/SIC:** within **90 days** of FAA order or date order was due → §19(3). Condonation possible on "sufficient cause".
 +  * **Burden of proof on PIO:** §19(5). Applicant only has to show the application + denial.
 +  * **No fee** for either appeal under Central Rules. Some state rules charge ₹10-50.
 +\\ \\ **[[:tools/appeal-builder.html|🪄 Use our First Appeal Builder]]** — pick your ground, get a §19(1)-compliant letter in 60 seconds.
 +</WRAP>
 +
 +<WRAP center round tip 95%>
 +**Jump to:**
 +  * [[#first-appeal-30-day-window|1. First Appeal — when, where, how]]
 +  * [[#ten-grounds-of-appeal|2. The 10 valid grounds of appeal]]
 +  * [[#sample-first-appeal|3. Sample First Appeal letter]]
 +  * [[#second-appeal-cic|4. Second Appeal — to CIC/SIC]]
 +  * [[#sample-second-appeal|5. Sample Second Appeal letter]]
 +  * [[#condonation-of-delay|6. Condonation of delay]]
 +  * [[#cic-backlog|7. CIC backlog & realistic expectations]]
 +  * [[#case-law|8. Case law]]
 +  * [[#fees|9. Fees by state]]
 +  * [[#faq|10. FAQ]]
 +</WRAP>
 +
 +**Reviewed on:** 23 April 2026. Maintained by RTI Wiki editorial team — advocates, retired Information Commissioners, and former PIOs.
 +
 +===== First Appeal — when, where, how =====
 +
 +==== When to file ====
 +
 +The First Appeal under **Section 19(1)** can be filed in **any** of the following situations:
 +
 +  - **No reply received within 30 days** of filing the RTI (deemed refusal under §7(2)).
 +  - **No reply within 48 hours** for life-or-liberty matters under §7(1) proviso.
 +  - **PIO has denied** the information, fully or partly, citing §8/§9/§11 exemptions.
 +  - **PIO has given an evasive or incomplete reply** — point-wise responses missing.
 +  - **PIO has demanded an excessive or illegal fee** under §7(3).
 +  - **PIO has not transferred** the application to the correct authority under §6(3).
 +  - **PIO has not given reasons** for any rejection under §7(8).
 +  - **Third-party consultation under §11** was procedurally mishandled.
 +  - **Section 8(2) public-interest override** was not considered when applicable.
 +  - **Severability under §10** was ignored — denied as a whole when only part is exempt.
 +
 +**Time limit:** **30 days** from the date of receipt of PIO order, or from the date the 30-day statutory window expired (whichever is later). Use our [[:tools/working-days-calculator.html|Working-Days Calculator]] to compute the exact deadline applying Indian holidays.
 +
 +==== Where to file ====
 +
 +The First Appellate Authority (FAA) is **the officer senior in rank to the PIO** within the same public authority. They are usually the **Joint Secretary, Director, or Head of Department**. The PIO's reply (or the public authority's website) must disclose the FAA's name. If not disclosed, file an RTI specifically asking for the FAA's name and contact — that is grounds for §20(2) action against the PIO.
 +
 +==== How to file ====
 +
 +  - **Online (for Central RTIs):** Login at [[https://rtionline.gov.in|rtionline.gov.in]] → "Submit First Appeal" → enter the original RTI registration number → upload your appeal letter as PDF. No fee.
 +  - **By post:** Address your appeal to the FAA at the public authority's official address. Send by Registered Post or Speed Post — keep the receipt.
 +  - **In person:** Hand-deliver and obtain a dated receipt with inward number.
 +
 +==== What to enclose ====
 +
 +  - Copy of the original RTI application (with proof of filing — IPO receipt or online ARN).
 +  - Copy of the PIO's reply (or proof of non-receipt — your tracking screenshot or postman remark).
 +  - Your appeal letter (template below).
 +  - **Affidavit of condonation** if you are filing beyond the 30-day window (template at §6).
 +
 +===== Ten grounds of appeal =====
 +
 +Pick the ones that apply. The more specific the ground, the more likely the FAA grants it.
 +
 +^ # ^ Ground ^ Statutory basis ^ Strongest case-law support ^
 +| 1 | **Deemed refusal** — no reply in 30 days | §7(2) | Bhagat Singh v. CIC (Delhi HC 2007) |
 +| 2 | **No reasons given** for refusal | §7(8)(i) | CBSE v. Aditya Bandopadhyay (SC 2011) |
 +| 3 | **Wrong exemption** under §8 | §8 + §19(5) | RBI v. Jayantilal Mistry (SC 2016) — narrowed §8(1)(e) |
 +| 4 | **Severability ignored** | §10 | Bhagat Singh v. CIC (Delhi HC 2007) |
 +| 5 | **Public interest override** not considered | §8(2) | Aditya Bandopadhyay |
 +| 6 | **Application not transferred** to correct authority | §6(3) | Subhash Chandra Agarwal v. SC of India (CIC 2009) |
 +| 7 | **Excessive/illegal fee** demand | §7(3) + Rules | Anil Mehrotra v. CIC (CIC 2014) |
 +| 8 | **Third-party process skipped** under §11 | §11 | Arvind Kejriwal v. CPIO (CIC 2008) |
 +| 9 | **Information sought is life/liberty** — 48-hour rule ignored | §7(1) proviso | (uncontested at CIC level) |
 +| 10 | **§8(1)(j) over-claim** post-DPDP | §8(1)(j) (DPDP-amended) | Girish Ramchandra Deshpande (SC 2013) — three-part test still applies |
 +
 +===== Sample First Appeal letter =====
 +
 +<code>
 +To:
 +The First Appellate Authority,
 +[Designation, e.g., Joint Secretary (CPV)],
 +[Public authority name and address]
 +
 +Subject: First Appeal under Section 19(1) of the RTI Act, 2005 — against
 +[deemed refusal / order dated DD/MM/YYYY] of the PIO on RTI ARN [NUMBER]
 +
 +Respected Sir/Madam,
 +
 +This first appeal is filed against the [reply / non-reply] of the PIO,
 +[NAME], in respect of my RTI application dated [DD/MM/YYYY] (ARN: [NUMBER]),
 +addressed to [public authority name].
 +
 +GROUND(S) OF APPEAL
 +[Pick from the 10 grounds above. Cite each with statutory provision +
 +case law reference. Example:]
 +
 +1. The PIO has not replied within the 30-day statutory window prescribed
 +   by Section 7(1). Under Section 7(2), this is deemed refusal of the
 +   request and is a substantive ground of appeal under Section 19(1).
 +   Reference: Bhagat Singh v. CIC (Delhi HC, 2007) — deemed refusal
 +   triggers full appellate jurisdiction.
 +
 +2. [Add second / third ground if applicable.]
 +
 +PRAYER
 +In view of the above, I respectfully pray that this Hon'ble Authority be
 +pleased to:
 +
 +a) Direct the PIO to furnish the complete information sought in my
 +   application dated [DD/MM/YYYY], free of cost (since the 30-day
 +   window has expired — Anjali Bhardwaj v. UoI, CIC).
 +
 +b) Initiate proceedings against the PIO under Section 20(1) of the RTI Act
 +   for failure to comply within the statutory window — penalty of
 +   Rs. 250 per day (maximum Rs. 25,000) being personally payable.
 +
 +c) Award compensation under Section 19(8)(b) for loss / detriment
 +   caused to me by the PIO's non-compliance.
 +
 +d) Pass any further orders as may be just and necessary in the
 +   circumstances of the case.
 +
 +ENCLOSURES
 +1. Copy of RTI application dated [DD/MM/YYYY] (with online ARN /
 +   IPO receipt).
 +2. Copy of PIO's reply / proof of non-receipt.
 +3. [Any other documents.]
 +
 +Yours faithfully,
 +[Name]
 +[Address]
 +[Mobile, email]
 +Date: [Today's date]
 +Place: [City]
 +</code>
 +
 +**[[:tools/appeal-builder.html|🪄 Generate this letter pre-filled for your case →]]**
 +
 +===== Second Appeal to CIC =====
 +
 +If the FAA does not decide your First Appeal within 30 days (extendable to 45 with reasons under §19(6)), or decides against you, you have **90 days** to file a Second Appeal under **Section 19(3)** to the **Central Information Commission** (for Central public authorities) or the **State Information Commission** (for state public authorities).
 +
 +==== Where to file ====
 +
 +  * **Central Information Commission** — Baba Gangnath Marg, Munirka, New Delhi 110067. Online portal: [[https://cic.gov.in|cic.gov.in]] → "Online Appeal/Complaint Filing".
 +  * **State Information Commissions** — addresses on each SIC's website. Most states accept online filing now.
 +
 +==== Time limit ====
 +
 +**90 days from the date of FAA order, or from the date the FAA was due to decide (45 days from First Appeal filing) — whichever is later.** Condonation of delay possible on "sufficient cause" under §19(3) proviso (sample affidavit at §6).
 +
 +==== What CIC can order ====
 +
 +Under §19(8), CIC has wide powers:
 +
 +  * Order disclosure of the information.
 +  * Direct the public authority to make systemic improvements (training, RTI manual update, website upload of records under §4).
 +  * Award compensation under §19(8)(b).
 +  * Initiate penalty proceedings against the PIO under §20(1) — ₹250/day, maximum ₹25,000.
 +  * Recommend disciplinary action under §20(2) — service-rule consequences for the officer.
 +
 +===== Sample Second Appeal letter =====
 +
 +<code>
 +To:
 +The Registrar,
 +Central Information Commission,
 +August Kranti Bhawan, Bhikaji Cama Place,
 +New Delhi 110066.
 +
 +Subject: Second Appeal under Section 19(3) of the RTI Act, 2005
 +
 +DETAILS OF THE APPELLANT
 +Name:        [Full name]
 +Address:     [Permanent address with PIN]
 +Mobile:      [Number]
 +Email:       [Email]
 +
 +DETAILS OF THE PUBLIC AUTHORITY
 +Name:        [E.g., Ministry of External Affairs]
 +Address:     [Postal address]
 +PIO:         [Name + designation, if known]
 +FAA:         [Name + designation]
 +
 +DETAILS OF THE RTI APPLICATION
 +Date filed:           [DD/MM/YYYY]
 +ARN / Reference No:   [NUMBER]
 +Date of PIO reply:    [DD/MM/YYYY] (or "no reply received — deemed refusal under §7(2)")
 +Date of First Appeal: [DD/MM/YYYY]
 +FAA order:            [Date + outcome — "no order received" if FAA also failed to decide]
 +
 +GROUNDS OF APPEAL
 +
 +1. [Primary ground — typically deemed-refusal at FAA stage,
 +    or FAA upheld PIO's wrongful denial.]
 +
 +2. [Statutory provision violated — §8/§9/§11/§7(8) etc.]
 +
 +3. [Public interest in disclosure — §8(2) override applies.]
 +
 +4. [Case law support — list 2-3 CIC orders / SC rulings.]
 +
 +PRAYER
 +
 +a) Quash and set aside the order of the PIO dated [DD/MM/YYYY] and
 +   the order of the FAA dated [DD/MM/YYYY].
 +
 +b) Direct the public authority to furnish the information sought in
 +   my RTI application dated [DD/MM/YYYY], free of cost.
 +
 +c) Initiate penalty proceedings against the PIO under §20(1) — penalty
 +   of Rs. 250 per day up to Rs. 25,000 from PIO's salary.
 +
 +d) Recommend disciplinary action against the PIO under §20(2).
 +
 +e) Award compensation of Rs. [AMOUNT] under §19(8)(b) for loss and
 +   detriment caused by the delay.
 +
 +f) Pass any further orders just and necessary.
 +
 +ENCLOSURES
 +1. Copy of original RTI application.
 +2. Copy of PIO reply / proof of non-receipt.
 +3. Copy of First Appeal.
 +4. Copy of FAA order (or proof of non-decision).
 +5. Affidavit of condonation (if filing beyond 90 days).
 +6. List of dates and events.
 +
 +Yours faithfully,
 +[Name]
 +[Address]
 +[Mobile, email]
 +Date: [Today's date]
 +Place: [City]
 +</code>
 +
 +===== Condonation of delay =====
 +
 +Filing your Second Appeal beyond the 90-day window? You may still be heard if you file an **affidavit of condonation** under the proviso to §19(3) showing "sufficient cause".
 +
 +==== Sample affidavit ====
 +
 +<code>
 +AFFIDAVIT OF CONDONATION OF DELAY
 +(Under proviso to Section 19(3) of the Right to Information Act, 2005)
 +
 +I, [Name], son/daughter of [Father's name], aged [age], resident of
 +[address], do solemnly affirm and state as follows:
 +
 +1. I am the appellant in the above-mentioned Second Appeal.
 +
 +2. The order of the FAA was passed on [date] / was due on [date].
 +   The 90-day window for filing this Second Appeal therefore expired on
 +   [date]. The present appeal is being filed on [today's date], with a
 +   delay of [N] days.
 +
 +3. The said delay was caused by the following bona fide reasons,
 +   beyond my control:
 +   [State the reason — medical, family bereavement, transfer of records,
 +    delay in receiving FAA order by post, etc. Attach proof: medical
 +    certificate, death certificate, postal receipt etc.]
 +
 +4. I have not been negligent or wilful in causing this delay.
 +
 +5. The questions raised in the appeal are of significant public
 +   importance, and the public interest justifies condonation under the
 +   proviso to Section 19(3).
 +
 +I therefore pray that this Hon'ble Commission be pleased to condone the
 +delay of [N] days and admit the present appeal for hearing on merits.
 +
 +Verified at [city] on this [date].
 +
 +Deponent
 +[Name]
 +
 +[Notarial endorsement on Rs. 100 stamp paper, signed by Notary Public.]
 +</code>
 +
 +===== CIC backlog & realistic expectations =====
 +
 +Be candid with yourself — the CIC has a serious backlog problem:
 +
 +  * **CIC pending second appeals (Q4 FY 2024-25):** 26,000+ cases nationally.
 +  * **Across all SICs:** ~1 lakh pending second appeals.
 +  * **Hearing wait:** **12-18 months** typically; longer for sensitive ministries.
 +  * **Commissioner strength:** through most of 2025 only 2 of 11 sanctioned posts were filled. Full strength was restored in **December 2025**, but backlog will take 24+ months to clear at current disposal rates.
 +  * **Anjali Bharadwaj v. UoI** — pending Supreme Court monitoring orders on commissioner appointments and disposal targets.
 +
 +**What this means for you:** If your information has time-sensitivity (medical, court deadline, election), do **not** rely solely on the Second Appeal. Use parallel routes:
 +
 +  - **Writ petition under Article 226** to the High Court — bypasses CIC entirely; faster for urgent matters.
 +  - **CPGRAMS grievance** at [[https://pgportal.gov.in|pgportal.gov.in]] — administrative pressure on the public authority.
 +  - **MP/MLA reference letter** — under-rated; often clears the file in 48 hours.
 +  - **Journalistic exposure** — for matters of public interest where evidence already exists.
 +
 +===== Case law =====
 +
 +**Supreme Court:**
 +  * **CBSE v. Aditya Bandopadhyay (2011) 8 SCC 497** — every refusal must identify the specific exemption clause + reasons. Generic invocation rejected.
 +  * **RBI v. Jayantilal Mistry (2016) 5 SCC 136** — narrowed §8(1)(e) "fiduciary" exemption; regulator-regulated is not fiduciary.
 +  * **Namit Sharma v. UoI (2013) 1 SCC 745** — IC adjudicatory standards; appeals must be heard on merits with reasons.
 +  * **Girish Ramchandra Deshpande v. CIC (2013) 1 SCC 212** — three-part test for §8(1)(j); test survives DPDP Act 2023 amendment per pending Supreme Court reference.
 +
 +**Delhi High Court:**
 +  * **Bhagat Singh v. CIC (Delhi HC 2007)** — deemed refusal under §7(2) triggers full appellate jurisdiction.
 +  * **Subhash Chandra Agarwal v. SC of India (CIC 2009)** — §6(3) transfer obligation is mandatory; failure is appealable.
 +
 +**Recent CIC orders (2024-25):**
 +  * **CIC order dated 14.11.2024** — show-cause to PIOs for non-appearance; signal of active enforcement.
 +  * **CIC order dated 17.01.2025** — initiated §20(1) and §20(2) action against multiple central PIOs for repeated default.
 +  * **Anjali Bharadwaj v. UoI** — Supreme Court continuing to monitor IC vacancies.
 +
 +===== Fees by state =====
 +
 +Under the **Central RTI Rules 2012** (and identical rules of most states), **First Appeal and Second Appeal are free**. A few states still demand a fee:
 +
 +^ State ^ First Appeal fee ^ Second Appeal fee ^
 +| Central | ₹0 | ₹0 |
 +| Delhi | ₹0 | ₹0 |
 +| Maharashtra | ₹20 | ₹0 |
 +| Tamil Nadu | ₹50 | ₹50 |
 +| Karnataka | ₹0 | ₹0 |
 +| Kerala | ₹0 | ₹0 |
 +| Gujarat | ₹50 | ₹50 |
 +| Rajasthan | ₹0 | ₹0 |
 +| Uttar Pradesh | ₹50 | ₹50 |
 +| Madhya Pradesh | ₹50 | ₹50 |
 +| Punjab | ₹50 | ₹50 |
 +| Haryana | ₹50 | ₹50 |
 +| West Bengal | ₹0 | ₹0 |
 +
 +**BPL applicants pay no fee** in any state under §7(5). Use our [[:tools/fee-calculator.html|Fee Calculator]] for the latest state-by-state rates.
 +
 +===== FAQ =====
 +
 +==== What is the time limit for First Appeal? ====
 +
 +**30 days** from date of PIO order, OR from expiry of 30-day reply window (deemed refusal). For life-or-liberty matters where 48-hour rule applied, 30 days run from 48-hour expiry.
 +
 +==== How long does the FAA take? ====
 +
 +**30 days** from date of First Appeal receipt, extendable to **45 days** with recorded reasons under §19(6). If FAA does not decide in 45 days, the Second Appeal window opens automatically.
 +
 +==== What is the deadline for Second Appeal? ====
 +
 +**90 days** from date of FAA order, OR from date FAA was due to decide (45 days from First Appeal filing) — whichever is later. Condonation of delay possible under §19(3) proviso.
 +
 +==== Is there a fee for First Appeal? ====
 +
 +Free for Central RTIs and most states. Some states (UP, MP, Punjab, Haryana, TN, Gujarat) charge ₹50. **BPL applicants pay nothing** anywhere under §7(5).
 +
 +==== Can I file appeals online? ====
 +
 +**Yes — for Central RTIs** at [[https://rtionline.gov.in|rtionline.gov.in]]. **For Central Second Appeals** at [[https://cic.gov.in|cic.gov.in]]. Most state SICs also have online portals. Postal filing is always permitted as fallback.
 +
 +==== What if the PIO's denial cited §8(1)(j) "personal information"? ====
 +
 +Cite the **Girish Ramchandra Deshpande three-part test** (SC 2013): (a) is the information personal in nature; (b) does it have nexus to public activity; (c) does the larger public interest warrant disclosure. Most §8(1)(j) refusals fail one or more of these prongs. Use our [[:tools/exemption-analyzer.html|§8 Exemption Analyzer]] for instant counter-language.
 +
 +==== Can I get the PIO penalised? ====
 +
 +Yes. Under **§20(1)**, the Information Commission can impose a penalty of **₹250 per day of delay, maximum ₹25,000**, payable from the PIO's salary. Under **§20(2)**, it can recommend **disciplinary action** under the PIO's service rules. Always pray for both in your appeal.
 +
 +==== Can I get compensation? ====
 +
 +Yes, under **§19(8)(b)**. Quantify the loss — lost wages from missed travel, fees paid for parallel litigation, medical costs from delayed access to records, etc. CIC commonly awards ₹500-5,000 in clear cases; up to ₹50,000 in egregious matters.
 +
 +==== Does DPDP Act 2023 affect my RTI appeal? ====
 +
 +Yes — the DPDP Act effective 14 Nov 2025 amended **§8(1)(j)** of the RTI Act. The "larger public interest" proviso is deleted, narrowing the exemption. The Supreme Court reference in **Jairam Ramesh v. UoI** is pending; in the interim, argue (a) §8(2) public interest override survives; (b) Girish Deshpande three-part test still applies; (c) information about your own affairs is not "personal information" of others.
 +
 +==== What if the FAA is the same officer as the PIO? ====
 +
 +This is a §19 violation. The FAA must be **senior in rank** to the PIO. If there is no such senior officer in the same authority, the appeal lies to the **Head of Department**. Note this objection in writing and proceed.
 +
 +===== Related reading =====
 +
 +  * [[:tools/appeal-builder.html|First Appeal Builder — 5 grounds, fillable letter]]
 +  * [[:tools/deadline-calculator.html|RTI Deadline Calculator]]
 +  * [[:tools/exemption-analyzer.html|§8 Exemption Analyzer]]
 +  * [[:tools/fee-calculator.html|RTI Fee Calculator — every state]]
 +  * [[:act/section-19|Section 19 — full text + amendments]]
 +  * [[:act/section-20|Section 20 — penalty + disciplinary]]
 +  * [[:faa-appellate-review-checklist|FAA Appellate Review Checklist]]
 +  * [[:pio-rti-reply-guide|PIO Reply Guide]]
 +  * [[:blog/digital-vs-physical-rti-success-rates|Digital vs Physical RTI — success-rate data]]
 +
 +===== Sources =====
 +
 +  * Right to Information Act, 2005 (full text) — [[https://rti.gov.in|rti.gov.in]]
 +  * Central RTI Rules, 2012 — [[https://rti.gov.in|rti.gov.in]]
 +  * Central Information Commission — [[https://cic.gov.in|cic.gov.in]]
 +  * DoPT RTI Annual Report 2022-23 — [[https://dopt.gov.in|dopt.gov.in]]
 +  * Anjali Bhardwaj v. UoI (SC monitoring orders 2024-25)
 +
 +//Last reviewed: 23 April 2026 by the RTI Wiki editorial team.// \\ //FAQ + HowTo structured data injected via page-jsonld/rti-first-appeal-second-appeal-guide.json.//
 +
 +{{tag>rti first-appeal second-appeal section-19 section-20 cic faa case-law 2026 how-to-guide}}
  
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