RTI First Appeal: What It Is, When to File, and a Step-by-Step Guide

Have you not received a response to your RTI application? Is the information received incomplete, incorrect, or misleading? Or has the Public Information Officer (PIO) demanded an exorbitant fee from you? In such situations, there’s no need to despair! Under India’s Right to Information Act, 2005 (RTI Act, 2005), you possess a powerful tool – the First Appeal. This is the initial step you can take if you don’t receive information or if you receive incorrect information.

This guide will comprehensively explain what a First Appeal is, when and to whom it should be filed, and the complete procedure for filing it. Our goal is to empower you to effectively exercise your rights.

What is a First Appeal and What is its Purpose?

Under Section 19(1) of the Right to Information Act, 2005, if an applicant is dissatisfied with the response from the Public Information Officer (PIO), or if no response is received within the stipulated time-frame, they can file a ‘First Appeal’. This appeal is addressed to the senior officer of the PIO, known as the ‘First Appellate Authority’ (FAA).

Its primary objective is to ensure that you receive the correct and timely information you sought. It serves as an opportunity for an internal review of the PIO’s decision or action, often preventing the need to approach the Information Commission.

When Should You File a First Appeal?

You can file a First Appeal in the following situations:

• No Response Received: If the Public Information Officer (PIO) has not responded to your RTI application within 30 days (or 48 hours in some specific cases).
• Incomplete or Incorrect Information: If the information you received is incomplete, ambiguous, or you believe it is wrong.
• Misleading Response: If the PIO has provided you with information that does not directly answer your question or attempts to mislead you.
• RTI Application Rejected: If your RTI application has been rejected without any valid reason.
• Excessive Fee Demanded: If the PIO has demanded an unnecessary or excessively high fee for providing the information.
  If you want to know about RTI application fees, read What is the RTI fee and what are the different payment methods?

Time-Limit for Filing a First Appeal

You must file the First Appeal within 30 days from the date the Public Information Officer’s (PIO) response period expires or from the date you receive the response. In certain special circumstances, if you were unable to file the appeal within 30 days and can provide a valid reason, the Appellate Authority may extend this period.

To Whom and How to File a First Appeal?

A First Appeal is always addressed to the ‘First Appellate Authority’ (FAA) of the same Public Authority against whose PIO you are appealing. Generally, the FAA is the immediate senior officer to the PIO.

First Appeal Filing Process (Step-by-Step)

Filing a First Appeal is a straightforward process. You can file it offline or, in some states/Union Territories, online as well.

1. Prepare the Appeal Format: Write the appeal on a plain paper or use the prescribed format (if available). It should include the following information:
   • Your name and address
   • Date of the original RTI application
   • Name and address of the PIO
   • Date of the response provided by the PIO (if any)
   • Summary of the PIO’s response or why you did not receive a response
   • Reasons for your appeal (e.g., non-receipt of information, incomplete information, incorrect information, demand for excessive fees, etc.)
   • What you seek (e.g., to receive complete and correct information, to overturn the PIO’s decision)
   • Date and your signature

   Remember, there is no fee for a First Appeal. You only need to attach copies of your original RTI application and the PIO’s response (if any).
   If you want to know the format for an offline RTI application, you can check our post Correct Format and Method for Writing an Offline RTI Application.

2. Attach Essential Documents:
   • A copy of your original RTI application.
   • A copy of the PIO’s response (if any).
   • Proof of fee payment (if you paid a fee for the original application).
3. Send to the Appellate Authority: You can send your First Appeal by post (registered post or speed post) or submit it directly to the office and obtain an acknowledgment receipt. Ensure you keep a copy of the appeal and proof of dispatch for future reference.
4. Online First Appeal: Some states/Central Government departments also provide facilities for filing First Appeals online. If this facility is available for your case, you can file an online appeal by visiting the relevant portal. We have explained the online process in detail in How to File Online RTI: A Step-by-Step Guide.

What Happens After a First Appeal?

The First Appellate Authority (FAA) is required to decide on your appeal within 30 days of receiving it (or 45 days in some cases). The FAA may hear the appeal, seek further clarification from you or the PIO, or conduct its own inquiry.

The FAA’s decision can affirm the PIO’s decision, modify it, or direct the PIO to provide the information. The FAA’s decision is binding on all concerned parties.

What to Do if the First Appeal is Also Unsuccessful?

If you are still not satisfied with the decision of the First Appellate Authority (FAA), or if they have not given a decision within the stipulated time-frame, you have the right to file a Second Appeal. A Second Appeal is filed with the State Information Commission or the Central Information Commission. This appeal must be filed within 90 days from the date of the FAA’s decision.

Conclusion

The First Appeal is a crucial part of the RTI process that ensures citizens effectively exercise their Right to Information. It provides you with another opportunity to seek accountability from public authorities. Do not hesitate to use this right to raise your voice and obtain correct information.

If you need assistance in drafting an RTI application or a First Appeal, you can generate a draft for free at rtisupport.in.

Frequently Asked Questions (FAQs)

How is a First Appeal filed?

A First Appeal is filed by writing it on a plain paper or using the prescribed format (if available). It includes details of the original RTI application, a summary of the PIO’s response (if any), the reason for the appeal, and the relief sought. It is submitted to the First Appellate Authority (FAA) of the concerned public authority by post or in person.

Within how many days can a First Appeal be filed?

You must file the First Appeal within 30 days from the date the Public Information Officer’s (PIO) response period expires (usually 30 days) or from the date you receive the response. In special circumstances, the Appellate Authority may extend this period if you present a valid reason.

When should the first appeal be filed under RTI?

The first appeal under RTI should be filed when you do not receive a response from the PIO within 30 days, if the information received is incomplete, incorrect, or misleading, if your application is rejected without a valid reason, or if an excessive fee is demanded for the information.

What is the format of a First Appeal?

There is no rigid central format for a First Appeal, although some states or departments may have their specific formats. Generally, it includes your name, address, date of the original RTI application, PIO’s details, date of the PIO’s response (if any), reasons for the appeal, and what you seek, all clearly written on a plain paper. Copies of the original RTI application and the PIO’s response (if any) must be attached.

Regards,

Team RTI Support India

A Medium for Citizen Empowerment and Transparency