Right to Information | First Appeal

First Appeal under Section 19(1) of the Right to Information Act, 2005

Updated RTI First Appeal format for an applicant who has not received a decision within the statutory time or is aggrieved by the decision of the Central or State Public Information Officer.

Section 19(1) remains the governing provision. A first appeal lies to an officer who is senior in rank to the CPIO/SPIO in the same public authority.

30 days to appeal File within 30 days from expiry of the response period or from receipt of the CPIO/SPIO decision.

Delay can be condoned The First Appellate Authority may admit a late appeal if satisfied that sufficient cause prevented filing in time.

30-45 days for decision Section 19(6) requires disposal within 30 days, extendable up to 45 days for reasons recorded in writing.

Do not use the old "30/35/40 days" calculation as a universal rule. RTI response time depends on the applicable provision and facts. For a standard request, Section 7(1) generally allows 30 days; special situations can have different statutory periods. Calculate the first-appeal limitation from the period actually applicable to the request.

When can a First Appeal be filed?

A person may file a first appeal if no decision is received within the period prescribed by Section 7, or if the person is dissatisfied with the CPIO/SPIO's decision. Typical grounds include complete or partial refusal, reliance on an inapplicable exemption, incomplete or misleading information, excessive fee demand, non-transfer of the request where required, or failure to respond within the statutory period.

Under Section 19(5), in appeal proceedings the burden of proving that denial of a request was justified rests on the CPIO/SPIO who denied the request.

Is there a fee for a First Appeal?

For Central Government public authorities filed through the official RTI Online portal, no fee is payable for the first appeal. State RTI rules and state portals should be checked separately because procedural requirements can differ.

Updated RTI First Appeal Format under Section 19(1)

BEFORE THE FIRST APPELLATE AUTHORITY

UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT, 2005

Appeal / Reference No.: ____________

To
The First Appellate Authority
Name/designation of FAA
Name of Public Authority
Full Address

Subject: First Appeal under Section 19(1) of the Right to Information Act, 2005 against non-response / order dated ______ / incomplete or unsatisfactory information.

1.	Name of Appellant	____________________________
2.	Postal Address	____________________________________________
3.	Email / Mobile	____________________________________________
4.	CPIO/SPIO details	Name/designation: ________________ Public Authority: ________________ Address: ________________________
5.	RTI application particulars	Date of RTI application: ____________ Registration / reference No.: ____________ Mode of filing: online / post / in person
6.	CPIO/SPIO decision	Date received: ____________ Reference No.: ____________ If no response was received, state: No response received within applicable statutory period
7.	Date cause for first appeal arose	____________
8.	Limitation	The appeal is within 30 days under Section 19(1). If delayed: state reasons and request condonation of delay.
9.	Information requested	Subject: ____________________________ Period: ____________________________ Relevant query numbers: ____________________________

Grounds of Appeal

The Appellant filed an application under Section 6(1) of the RTI Act on ____________ seeking the information described above.
No decision was communicated within the statutory period / the CPIO-SPIO supplied an incomplete response / refused information / invoked exemption(s) that are not applicable / demanded an unreasonable or unsupported fee.
In respect of Query No(s). ____________, the response is deficient because ____________________________________________________________.
In respect of Query No(s). ____________, the exemption under Section ____ has been invoked without adequately establishing how the statutory conditions for that exemption are satisfied.
The requested information is held by or under the control of the public authority and should be provided to the extent not lawfully exempt. Where only part of a record is exempt, the non-exempt portion may be considered for disclosure in accordance with Section 10.
Under Section 19(5), the burden of proving that denial was justified lies on the CPIO/SPIO who denied the request.
Add any further ground specific to the facts, including delay, incomplete records, misleading information, non-transfer, improper fee demand or failure to provide the requested form of access.

PRAYER

The Appellant respectfully requests the First Appellate Authority to:

allow this First Appeal;
direct the CPIO/SPIO to furnish complete and correct information in respect of the queries specified above, subject to lawful exemptions;
where applicable, direct disclosure of the severable non-exempt portions of the records;
where information has become free of charge under Section 7(6), direct supply without further fee;
condone any delay in filing this appeal where sufficient cause is shown; and
pass any other appropriate direction permissible under the RTI Act.

List of Enclosures

Copy of the RTI application dated ____________.
Proof of submission / RTI registration acknowledgment.
Copy of the CPIO/SPIO reply/order, if received.
Copies of documents relied upon to show incomplete/refused information, if any.
Proof of date of receipt of the CPIO/SPIO decision, where relevant.
Delay-condonation explanation/supporting material, if the appeal is filed beyond 30 days.

Place: ____________

Date: ____________

Signature of Appellant
Name
Email: ____________
Mobile: ____________

Online filing for Central Government public authorities

The Department of Personnel & Training's RTI Online portal permits first appeals for participating Central Government ministries, departments and public authorities. The original RTI registration number and email ID are used to initiate the first appeal. The portal specifically states that it should not be used for State Government public authorities, including the Government of NCT of Delhi.

For a State Government department or other State public authority, use the applicable State RTI portal or the filing method prescribed under the relevant State rules.

How long should the First Appellate Authority take?

Section 19(6) provides that an appeal under Section 19(1) or Section 19(2) should be disposed of within 30 days of receipt, or within an extended period not exceeding 45 days from filing, for reasons recorded in writing.

If the appellant remains aggrieved by the First Appellate Authority's decision, or no satisfactory relief follows, a second appeal may lie to the Central Information Commission or State Information Commission under Section 19(3), ordinarily within 90 days, subject to condonation under the Act.

Official RTI resources

Important corrections to the older format

The earlier specimen used a generic "30/35/40 days" field and a fee-deposit row without distinguishing Central and State rules. The revised version applies the Section 19(1) 30-day appeal limitation, explains condonation, adds the Section 19(6) 30-45 day disposal period, incorporates the burden-of-proof rule in Section 19(5), states that no first-appeal fee is payable on the Central RTI Online portal, and warns that State filing rules may differ.