Section 19 of the RTI Act, 2005: First Appeal, Second Appeal and Remedies
Section 19 provides the statutory appeal mechanism for a person who does not receive information within the prescribed period or is dissatisfied with a Public Information Officer's decision. It covers first appeals, second appeals, third-party rights, deadlines, burden of proof and the powers of Information Commissions.
- First appeal: ordinarily within 30 days.
- First appellate decision: within 30 days, or a maximum of 45 days with recorded reasons.
- Second appeal: ordinarily within 90 days.
- Late filing: delay may be condoned on sufficient cause.
Meaning and scope of an RTI appeal
An appeal is a statutory remedy asking a designated higher authority to review the failure or decision of a Public Information Officer. The First Appellate Authority (FAA) is an officer senior in rank to the PIO within the public authority. The second appellate authority is the Central Information Commission (CIC) or relevant State Information Commission (SIC), depending on the public authority concerned.
Section 19: Explanation of each subsection
Section 19(1): First appeal
A person who receives no decision within the time prescribed by Section 7(1) or Section 7(3)(a), or is dissatisfied with the decision of the Central or State Public Information Officer (CPIO or SPIO), may appeal to an officer senior in rank to the PIO in the same public authority. The appeal must ordinarily be filed within 30 days after expiry of the applicable response period or receipt of the decision. The First Appellate Authority may admit a late appeal on sufficient cause.
Section 19(2): Appeal by a third party
A third party affected by a PIO order under Section 11 to disclose third-party information must appeal within 30 days from the date of that order.
Section 19(3): Second appeal
A second appeal lies to the Central Information Commission or the appropriate State Information Commission within 90 days from the date the first appellate decision should have been made or was actually received. The Commission may condone delay where sufficient cause prevented timely filing.
Section 19(4): Third-party hearing
Where the decision under challenge concerns information relating to a third party, the Commission must provide that third party a reasonable opportunity of being heard.
Section 19(5): Burden of proof
In appeal proceedings, the PIO who denied the information bears the burden of proving that the denial was justified.
Section 19(6): First-appeal disposal period
An appeal under subsection (1) or (2) must be decided within 30 days of receipt, extendable up to a total of 45 days from filing only for reasons recorded in writing.
Section 19(7): Binding decision
The decision of the Central or State Information Commission is binding under the Act, subject to applicable constitutional judicial review.
Section 19(8): Powers of the Commission
In its appellate decision, the Commission may require the public authority to take measures needed for compliance, including supplying information in a specified form; appointing a PIO; publishing information; improving record maintenance, management and destruction practices; training officials; and submitting an annual report in accordance with Section 4(1)(b). It may also require compensation for loss or detriment, impose penalties available under the Act, or reject the application.
Section 19(9): Notice of decision
The Commission must notify the complainant and public authority of its decision, including any right of appeal.
Section 19(10): Procedure
The Commission decides appeals in accordance with the procedure prescribed under applicable rules.
How to file a first appeal under Section 19(1)
- Identify the FAA for the public authority that received the original RTI application.
- State the original RTI application date, the PIO's reply (if any), and the information still sought.
- Explain the grounds of appeal, such as non-response, incomplete disclosure or an unjustified exemption.
- Attach the RTI application, proof of submission, the reply or fee demand, and other relevant records.
- File within the statutory period, or explain the sufficient cause for any delay; follow the applicable Central or State rules and filing procedure.
For Central public authorities, the official RTI Online portal provides electronic RTI and first-appeal facilities for participating authorities. State public authorities may have separate portals or filing procedures.
Second appeal before the Information Commission
If the FAA does not decide the appeal within the prescribed time or the applicant remains aggrieved, a second appeal can be filed under Section 19(3). The Central Information Commission's second-appeal guidance explains the central process. Check the relevant State Information Commission's procedure for a State public authority. Preserve the first appeal and its filing acknowledgement, the FAA order if issued, and the supporting RTI correspondence.
Difference between Section 18 complaint and Section 19 appeal
Section 18 empowers an Information Commission to inquire into complaints on specified grounds, such as refusal to accept an RTI application. Section 19 is the appeal route for seeking disclosure following an unsatisfactory response or failure to respond. The Supreme Court has distinguished the Commission's complaint jurisdiction from its appellate power to order access to information; see also the CIC official FAQs.
Relevant statutory provisions
Section 7: time limits and disposal of requests, ordinarily 30 days, subject to statutory exceptions. Section 11: procedure where information relates to a third party. Section 20: penalties and disciplinary recommendations in specified circumstances. Section 4(1)(b): proactive publication duties of public authorities.
Read the official Right to Information Act, 2005 (India Code) and applicable rules for the authoritative statutory wording.
Updated: 5 October 2026. This explanatory article should be read with the Act, relevant rules and binding judicial decisions.