📱Test our Android app — free beta!Join Beta GroupYou'll receive the install link by email after joining.

Differences

This shows you the differences between two versions of the page.


—rti:rti-no-reply-escalate [2026/07/18 09:53] (current) – created - external edit 127.0.0.1
Line 1: Line 1:
 +{{htmlmetatags>metatag-keywords=(RTI no reply escalate, deemed refusal RTI, RTI first appeal, RTI second appeal CIC, section 7 RTI Act, section 19 RTI Act)
 +metatag-description=(RTI filed but no reply in 30 days? Silence is deemed refusal. Follow the full escalation ladder from the First Appellate Authority to the CIC or SIC step by step.)
 +metatag-og:image=(https://righttoinformation.wiki/og/rti-rti-no-reply-escalate.webp)
 +metatag-twitter:image=(https://righttoinformation.wiki/og/rti-rti-no-reply-escalate.webp)}}
  
 +====== RTI Reply Not Received? Escalate It 2026 ======
 +
 +{{https://righttoinformation.wiki/og/rti-rti-no-reply-escalate.webp?1200x675|RTI No Reply Escalate filing scene}}
 +
 +**Reviewed on:** 2026-06-19.
 +
 +<WRAP info>**Direct answer.** If your RTI application got no reply within 30 days, the law deems it a refusal under Section 7(2) of the RTI Act 2005. You can file a first appeal to the First Appellate Authority immediately, and if that too fails, go to the CIC or SIC, where the PIO faces a penalty of up to Rs 25,000.</WRAP>
 +
 +===== Why silence equals refusal =====
 +
 +When you file an RTI application, the Public Information Officer (PIO) has 30 days to reply. For applications that concern the [[/guide/pio/life-and-liberty-rti|life or liberty]] of a person, that window shrinks to 48 hours. If the PIO neither sends information nor gives a valid written reason for refusing by day 30, Section 7(2) of the Right to Information Act 2005 deems the non-reply a refusal.
 +
 +A [[/definitions/deemed-refusal|deemed refusal]] is legally identical to a written refusal. That single fact unlocks the full appeal mechanism under Sections 19 and 20 of the Act. You do not need to wait for a formal rejection letter.
 +
 +===== How it works, step by step =====
 +
 +<code>
 +[You filed RTI]
 +       |
 +       v
 +Day 30 passes with no reply
 +       |
 +       v
 +Silence = Deemed Refusal (s.7(2))
 +       |
 +       v
 +File First Appeal to First Appellate Authority (s.19(1))
 +  -> Must file within 30 days of deemed refusal
 +  -> FAA decides within 30 days (max 45 days with reasons)
 +       |
 +       |-- FAA orders disclosure? -> Done
 +       |
 +       |-- FAA silent (45 days) OR unsatisfactory order?
 +              |
 +              v
 +       File Second Appeal to CIC / SIC (s.19(3))
 +         -> File within 90 days of FAA decision or 45-day expiry
 +         -> CIC/SIC can impose Rs 250/day penalty on PIO (s.20)
 +              |
 +              v
 +           CIC/SIC order is final and binding
 +</code>
 +
 +===== Step 1: Count to day 30 and confirm deemed refusal =====
 +
 +Keep a copy of your original RTI application with the date of submission or the acknowledgement number from [[https://rtionline.gov.in|rtionline.gov.in]]. If you filed online, the portal issues a registration number you can use to track status.
 +
 +Mark day 30 from the date of application (not from acknowledgement). If that date falls on a holiday, the next working day counts. From day 31 onwards, you are entitled to file a first appeal.
 +
 +**One exception:** if the PIO transferred your application to another public authority under Section 6(3), the 30-day clock restarts from the date of receipt by that authority. Check your portal status before counting.
 +
 +===== Step 2: File a first appeal to the First Appellate Authority =====
 +
 +The First Appellate Authority (FAA) is a senior officer in the same public authority, usually designated by name on the authority's website or its RTI Manual.
 +
 +Under Section 19(1), you must file the first appeal **within 30 days** of the date the reply was due (or the date you received a refusal order). The FAA can condone delay if you show sufficient cause.
 +
 +**What your first appeal should contain:**
 +
 +  * Your name and address, registration number and date of the original RTI application
 +  * Name and designation of the PIO (if known)
 +  * A clear statement that no reply was received by day 30, making it a deemed refusal under Section 7(2)
 +  * The specific information sought and the relief you seek: direction to the PIO to furnish it
 +
 +**Online route:** If your RTI was filed through [[https://rtionline.gov.in|rtionline.gov.in]], log in, select your registration number, and choose "File First Appeal."
 +
 +**Offline route:** Send a signed letter by registered post to the FAA of the concerned ministry or department. Keep proof of submission.
 +
 +Under Section 19(3), the FAA must decide within 30 days, extendable to 45 days with reasons. If the FAA is silent after 45 days or gives an unsatisfactory order, move to Step 3.
 +
 +===== Step 3: File a second appeal or complaint to the CIC or SIC =====
 +
 +For central government public authorities, the second appeal goes to the **Central Information Commission (CIC)** at [[https://cic.gov.in|cic.gov.in]]. For state government bodies, it goes to the **State Information Commission (SIC)** of the relevant state.
 +
 +Under Section 19(7), you must file the second appeal **within 90 days** from:
 +  * the date you received the FAA's order (if unsatisfactory), or
 +  * the expiry of 45 days from filing the first appeal (if the FAA gave no reply).
 +
 +The CIC can condone delay beyond 90 days if you give sufficient cause.
 +
 +**Online filing for central authorities:** Go to [[https://dsscic.nic.in/online-appeal-application/onlineappealapplication|dsscic.nic.in]] and submit your second appeal with copies of (a) the original RTI application, (b) the first appeal, and (c) the FAA order if any.
 +
 +**What to include:**
 +  * Full particulars of the original RTI and first appeal
 +  * A clear ground: no information provided within the statutory period
 +  * A request that the Commission direct the PIO to provide the information and impose penalty under Section 20
 +
 +**CIC helpline:** 011-26767500 | Email: fdesk-cic[at]gov[dot]in
 +
 +===== Step 4: Request penalty under Section 20 =====
 +
 +At the time of deciding your second appeal or complaint, the Commission may, on its own or on your request, [[/faqs/cic-penalty-cpio-section-20|impose a penalty on the PIO]].
 +
 +Section 20(1) of the RTI Act 2005 provides:
 +
 +  * Penalty of **Rs 250 per day** for each day the information was withheld beyond the deadline.
 +  * Total penalty capped at **Rs 25,000**.
 +  * Burden is on the PIO to prove reasonable and diligent conduct.
 +  * The PIO must be heard before penalty is imposed.
 +
 +Section 20(2) allows the Commission to recommend disciplinary action against a PIO who has persistently failed.
 +
 +Simply state in your second appeal that you seek penalty under Section 20(1) and state how many days the information has been withheld.
 +
 +===== Deadlines summary table =====
 +
 +^ Stage ^ Who acts ^ Time limit ^
 +| PIO must reply | PIO | 30 days from application (48 hours if life/liberty) |
 +| First appeal | You | Within 30 days of deemed refusal |
 +| FAA must decide | FAA | 30 days, extendable to 45 days |
 +| Second appeal | You | Within 90 days of FAA order or 45-day expiry |
 +| CIC/SIC order | CIC / SIC | No statutory deadline; depends on case load |
 +
 +===== What if the PIO replies after you file an appeal? =====
 +
 +A late reply does not close your appeal. You may accept it and withdraw, or pursue the penalty prayer for the unreasonable delay. The choice is yours.
 +
 +
 +===== FAQ =====
 +
 +==== Can I file a first appeal and a penalty complaint at the same time? ====
 +
 +No. The penalty is imposed by the CIC or SIC, not the FAA. File your first appeal with the FAA first. If you are unsatisfied, file a second appeal with the CIC or SIC and include your penalty request in that filing.
 +
 +==== What if I do not know who the First Appellate Authority is? ====
 +
 +Every central ministry and most state departments publish their RTI Manual on their official website. The manual names the FAA. You can also check the RTI disclosure section at [[https://rtionline.gov.in|rtionline.gov.in]] or ask the same office where you filed the RTI.
 +
 +==== Is there a fee for filing a first or second appeal? ====
 +
 +No. Under the RTI Act 2005, [[/faqs/cic-no-fee-second-appeal|appeals are free]]. You do not pay any fee at the first appeal or second appeal stage.
 +
 +==== Can I file the second appeal without a first appeal? ====
 +
 +Not ordinarily. The CIC requires proof that you filed a first appeal. The only exception is a [[/cases/cic-rti-complaint-before-second-appeal-2014|direct complaint under Section 18]], for instance if the concerned authority has no designated PIO. Even then, the Commission may direct you to pursue the appeal route first.
 +
 +==== What documents should I keep from the start? ====
 +
 +Keep: (a) a copy of your RTI application, (b) proof of submission (the acknowledgement number or postal receipt), (c) the application fee receipt (Rs 10 for central government), (d) any reply or rejection letter from the PIO, and (e) all appeal filings and orders. These are mandatory for second appeal registration at the CIC.
 +
 +==== What if the CIC decision itself seems wrong? ====
 +
 +CIC and SIC orders are final under the Act. You may challenge a CIC order before the High Court under Article 226 of the Constitution if the Commission has acted contrary to law. Seek legal advice before pursuing this route.
 +
 +==== How long does the CIC typically take to decide? ====
 +
 +The RTI Act does not set a fixed decision deadline for the Commission. Pendency varies and case backlogs exist. Track your case status at [[https://cic.gov.in|cic.gov.in]].
 +
 +===== File an RTI on this subject =====
 +
 +If you filed an RTI, were denied or ignored, and want information to support your appeal, such as the name of the designated FAA, copies of office orders, or disposal statistics: use a fresh RTI application.
 +
 +**File an RTI to**: //the First Appellate Authority, then the CIC/SIC//
 +
 +  * What is the name and designation of the Public Information Officer for this department as on [date]?
 +  * What is the name and designation of the First Appellate Authority for this department?
 +  * How many RTI applications were received and disposed of by this office in the last 12 months?
 +  * How many first appeals were filed against this department in the last 12 months, and what was their outcome?
 +  * What action has been taken on RTI application number [your registration number] filed on [date]?
 +
 +-> **[[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|Use our free AI RTI Drafter]]** to generate a complete Section 6(1) application.
 +
 +===== Related guides =====
 +
 +  * [[complaints:cpgrams-complaint|File a CPGRAMS complaint]] if you also want to lodge a public grievance alongside your RTI escalation
 +  * [[check-status:dbt-money-not-credited-fix|DBT money not credited]]: RTI can trace stalled direct benefit transfers
 +  * [[check-status:pm-kisan-name-not-in-list|PM-KISAN name not in list]]: RTI can extract the rejection reason from the agriculture department
 +  * [[cyber:report-cyber-fraud-1930|Report cyber fraud on 1930]]: useful if your RTI concerns a cyber fraud complaint that was ignored
 +
 +===== Sources =====
 +
 +  * Right to Information Act 2005, Sections 6, 7, 18, 19, 20: [[https://indiacode.nic.in/bitstream/123456789/2054/1/200522.pdf|indiacode.nic.in]]
 +  * RTI Online Portal (file RTI and first appeal online): [[https://rtionline.gov.in|rtionline.gov.in]]
 +  * Central Information Commission, Penalties (s.20 text verified): [[https://cic.gov.in/penalties|cic.gov.in/penalties]]
 +  * CIC Second Appeal Guidelines (mandatory documents and time limits): [[https://cic.gov.in/second-appeal-guidelines|cic.gov.in/second-appeal-guidelines]]
 +  * CIC Online Second Appeal Submission: [[https://dsscic.nic.in/online-appeal-application/onlineappealapplication|dsscic.nic.in]]
 +
 +//By Dr. Shrawan Kumar Pathak//
 +===== RTI with no reply: How to escalate when PIO ignores your application? =====
 +
 +When a PIO does not reply to your RTI application within 30 days, you have several escalation options. Here is the complete guide:
 +
 +  - **Step 1: Timeline for PIO reply.** The PIO must reply within: (a) 30 days of receiving the application, (b) 48 hours if the information involves life or liberty of a person, (c) 40 days if the application involves a third party.
 +  - **Step 2: First Appeal.** If the PIO does not reply within 30 days (or gives an unsatisfactory reply), file a First Appeal with the First Appellate Authority (FAA) within: (a) 30 days of the expiry of the PIO's deadline (if no reply), or (b) 30 days of receiving the PIO's reply (if you are dissatisfied). The First Appeal is free.
 +  - **Step 3: First Appeal format.** The First Appeal should contain: (a) the details of the original RTI application (date, PIO, reference number), (b) the grounds for appeal (no reply/rejection), (c) the relief sought.
 +  - **Step 4: FAA timeline.** The FAA must dispose of the First Appeal within: (a) 30 days of receipt, or (b) 45 days if express reasons for delay are recorded. If the FAA does not dispose of the appeal within these periods, it is deemed as a "deemed refusal."
 +  - **Step 5: Second Appeal.** If the FAA does not respond or you are still dissatisfied, file a Second Appeal with the Central Information Commission (CIC) or State Information Commission (SIC) within: (a) 90 days of the FAA's decision, or (b) 90 days of the deemed refusal date. The CIC/SIC may condone delay for sufficient cause.
 +  - **Step 6: Complaint under Section 18.** Instead of (or in addition to) the Second Appeal, you can file a complaint under Section 18 of the RTI Act with the CIC/SIC. A complaint can be filed when: (a) the PIO refused to accept the application, (b) the PIO did not reply within the time limit, (c) the PIO charged excessive fees, (d) the PIO gave false/misleading information.
 +  - **Step 7: Other remedies.** (a) File a writ petition before the High Court under Article 226, (b) file a complaint with the Lokpal/Lokayukta, (c) approach the media/civil society organisations.
 +
 +See [[https://righttoinformation.wiki/rti/rti-to-pmo|RTI to PMO Guide]] and [[https://righttoinformation.wiki/rti-for-voter-id-delay|RTI for Voter ID Guide]].
 +
 +{{tag>rti no reply first appeal second appeal cic sic section 18 escalation writ petition 2026}}