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What is the First Appeal in RTI?

What is the First Appeal in RTI?

13-Jun-2025

R.T.I

Answer By law4u team

The First Appeal in RTI (Right to Information) is an appeal made by an applicant when they do not receive a response to their RTI application within the prescribed time limit, or if they are not satisfied with the response received from the Public Information Officer (PIO). Under the Right to Information Act, 2005, every citizen has the right to access information from public authorities. When a person files an RTI application and either gets no reply within 30 days (or 48 hours in case of life or liberty issues), or receives an unsatisfactory or incomplete reply, they can file a First Appeal. Key Points about First Appeal under RTI: 1. When to file: You can file the First Appeal: If you don’t receive a reply from the PIO within 30 days. If you are not satisfied with the reply given by the PIO. If the information is denied without reasonable cause. If the applicant feels that exemption claimed by the PIO is unjustified. 2. Time limit to file First Appeal: You must file the First Appeal within 30 days from the date you receive the response from the PIO, or from the date when the response was due (if you did not receive any reply). 3. Where to file: The First Appeal is filed with the First Appellate Authority (FAA) of the same public authority. This authority is usually a senior officer designated for this purpose. 4. Mode of filing: The First Appeal can be filed: In writing Either by hand, post, or electronically, depending on the rules of the specific public authority. 5. Format: Though there is no strict format under the Act, most state governments or public authorities have their own suggested format. The appeal should mention: RTI application reference number and date Details of the information sought Grounds for appeal Any supporting documents 6. Disposal Time: The FAA is required to dispose of the First Appeal within 30 to 45 days from the date of filing the appeal. 7. No Fee: Generally, there is no fee for filing a First Appeal under the RTI Act. 8. What happens after the First Appeal: If the applicant is not satisfied with the decision of the First Appellate Authority, or if no decision is given within the specified time, the applicant can file a Second Appeal before the Central or State Information Commission, depending on whether the public authority falls under the central or state government. Summary: The First Appeal under the RTI Act is a remedy available to applicants who do not receive a timely, adequate, or satisfactory response to their RTI request. It is filed before a senior officer within the same public authority, and must be filed within 30 days of receiving an unsatisfactory reply or from the expiry of the time limit for response.

Answer By Ayantika Mondal

Dear Client, Under Right to Information Act, 2005, First Appeal is the appeal which you can lodge in case you are not content with the reply from the Public Information Officer (PIO) or if you do not receive a reply within the specified time limit (generally 30 days). You submit this First Appeal to the First Appellate Authority (FAA) — a senior official in the same public authority who has been assigned the responsibility of hearing RTI appeals. This is under Section 19(1) of the RTI Act. The First Appeal has to be made within 30 days of receiving the PIO's order (or when the reply was to be received but didn't come through). The FAA then hears your appeal and makes an order — if you're not yet happy, you can opt for a Second Appeal to the Information Commission. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, At the First Appeal stage is where the grievance redressal process under the RTI Act of 2005 begins for the citizen. This is a key step when your initial RTI application has not been properly responded to. Purpose and Grounds The First Appeal is put forth to challenge a Public Information Officer (PIO) decision or to deal with their failure to respond to your RTI application. You may file a First Appeal if:. PIO has failed to provide the requested information within the required 30 day period. PIO has turned down your request for information. You have issues with what is put forth (for example it is not fully there, deceptive, or wrong). PIO has charged an unfair fee. Who and When to File Who: The appeal goes to the First Appellate Authority (FAA) which is a senior level officer in the same public body as the PIO. Also their details (name, designation, and address) are included in the PIO’s response letter or you may find them out at the public authority’s website. When: Within 30 days of the day you receive the PIO’s response or the date of the due response (i which is after the 30 day period has passed) you must file your appeal. The FAA may accept a late appeal if we have a sufficient reason for the delay. Response and Outcome Once we have the First Appeal in our hands the FAA is to issue a decision in writing within 30 days of the appeal’s date. That period may be put out to 45 days for which we will have written records of the reason. The FAA at that point may direct the PIO to supply the info, impose a penalty, or support the PIO’s decision. If you are still dissatisfied with the decision of the First Appellate Authority, you may take a Second Appeal to the Central Information Commission (CIC) or the State Information Commission (SIC) which is the last level of appeal. I wish that my response has resolved your issues. Feel free to get in touch with us for more questions. Thank you!