RTI First Appeal: When, To Whom, and How to File? Complete Process and Time-Limits Explained

The Right to Information Act (RTI Act), 2005 empowers citizens of India to obtain information from government departments. However, there are times when we do not receive a satisfactory response to our RTI application, or receive no response at all. In such situations, the Act provides the crucial provision of a ‘First Appeal’. It is your right to appeal before a higher authority if you are dissatisfied with the response from the Public Information Officer (PIO) or if no response has been received.

What is a First Appeal?

A First Appeal is a crucial step in the process of obtaining information under the RTI Act, 2005. It is a legal remedy that allows citizens to appeal against a response provided or not provided by the Public Information Officer (PIO). This appeal is filed before a senior officer within the same Public Authority, who is known as the ‘First Appellate Authority’ (FAA). Its primary objective is to ensure that citizens receive accurate and complete information in a timely manner.

When to File a First Appeal?

There can be several reasons for filing a First Appeal, the main ones being:

• Non-receipt of Information: If you have filed an RTI application and the Public Information Officer has not provided any information within the stipulated 30 days (or 48 hours in cases concerning life and liberty).
• Incomplete or Incorrect Information: If the information received is incomplete, misleading, incorrect, or does not fully answer your original query.
• Denial of Information: If the Public Information Officer has wrongly rejected your request for information (for example, by stating that the information is not available when it should be).
• Demand for Excessive Fees: If the Public Information Officer has demanded excessive or unreasonable fees for providing the information.
• Failure to Transfer to Other Public Authority: If the Public Information Officer believes that the requested information does not pertain to their department and has failed to transfer your application to the appropriate Public Authority.

Time-Limit for Filing a First Appeal

You can file a First Appeal within the following time-limits:

• Within 30 days from the expiry of the stipulated period, if the Public Information Officer has not given any decision within that period.
• Within 30 days from the date of receipt of the decision from the Public Information Officer, if you are dissatisfied with that decision.

The First Appellate Authority may also admit an appeal after the expiry of the 30-day period if they are satisfied that the applicant was prevented by sufficient cause from filing the appeal in time.

To Whom Should a First Appeal be Filed?

A First Appeal is always addressed to the ‘First Appellate Authority’ (FAA) of the concerned Public Authority. This officer is usually of a senior rank to the Public Information Officer who responded to your original RTI application or to whom you sent the original application. Every Public Authority designates a First Appellate Authority, whose details you can find on the Authority’s website or by directly asking the Public Information Officer.

How to File a First Appeal?

Offline First Appeal Process

To file an offline First Appeal, you must follow these steps:

1. Prepare the Appeal Application: Write the First Appeal application on a plain paper. It should include the following details:
   • Name and address of the First Appellate Authority.
   • Your name, address, and contact details.
   • Date and registration number of the original RTI application.
   • Date of the response provided by the Public Information Officer (if any).
   • Reasons for your appeal (why you are dissatisfied with the PIO’s response or why you did not receive a response).
   • A brief description of the information you sought.
   • The relief you seek in your appeal (e.g., direction to provide information, correction of an incomplete response).
2. Attach Required Documents: Enclose copies of the following documents with your First Appeal:
   • Copy of your original RTI application.
   • Copy of the response sent by the Public Information Officer (if any).
   • Proof of payment of RTI application fee (e.g., receipt).
3. Send the Appeal: You can send your First Appeal by the following methods:
   • Registered Post AD: Send it by Speed Post or Registered Post AD (Acknowledgement Due) and keep the acknowledgment receipt safely.
   • In Person: Submit the appeal by visiting the concerned office and obtain an acknowledgment.
4. No Fee: No additional fee is payable for filing a First Appeal.

Online First Appeal Process

For Central Government departments, you can file a First Appeal online using the rtionline.gov.in portal. Many state governments have also established their own online RTI portals where you can file appeals online. The general online process includes:

1. Visit the concerned RTI online portal (e.g., rtionline.gov.in).
2. Click on the ‘Appeal’ or ‘First Appeal’ option.
3. Fill in your original RTI application’s registration number and other required details.
4. State the reasons for your appeal.
5. Upload relevant documents, if necessary.
6. Submit the application, and you will receive a unique appeal registration number, which should be kept safe for future reference.

Role and Time-Limit of the First Appellate Authority

The First Appellate Authority is required to dispose of the appeal within 30 days of its receipt (which may be extended up to a maximum of 45 days in exceptional circumstances). Within this period, the Appellate Authority will examine the appeal, may offer an opportunity of hearing to both the applicant and the Public Information Officer (if necessary), and issue a written decision. The decision may include directions to provide information, rectify an incomplete response, or uphold the Public Information Officer’s decision.

What to Do If Not Satisfied with the First Appeal?

If you are not satisfied with the decision of the First Appellate Authority, or if the First Appellate Authority has not given a decision within the stipulated time-limit, you have the option to file a ‘Second Appeal’. A Second Appeal is filed before the Central Information Commission (CIC) or the respective State Information Commission (SIC). The time-limit for filing a Second Appeal is 90 days from the date of the First Appellate Authority’s decision.

Conclusion

The First Appeal is a vital safeguard under the RTI Act, ensuring that citizens receive the information requested from the government. This process is simple and involves no additional fee. Exercise your rights and ensure you get transparency and accountability.

If you need assistance in preparing an RTI application or a First Appeal, you can use our automated tool available on the rtisupport.in homepage to prepare your RTI application instantly and free of charge.

Regards,

Team RTI Support India

A Medium for Citizen Empowerment and Transparency