How to File an RTI First Appeal (and Second Appeal)
If your RTI was ignored, partially answered, or wrongly rejected, you can file a First Appeal. If that fails, you can move a Second Appeal to the Information Commission. Here is how.
When to File a First Appeal?
- No reply within 30 days (48 hours for life or liberty cases).
- Incomplete, misleading, or wrong reply.
- Wrong exemption cited under Section 8 or 24.
- Excess or unreasonable fees demanded.
Deadline: File within 30 days of the PIO's reply, or after 30 days of no reply.
How to Draft the First Appeal
Include:
- Reference to your original RTI application.
- Grounds for appeal (late or no reply, incomplete info, wrong exemption, etc.).
- Relief sought (direct PIO to provide complete info, waive fees, etc.).
Tip: Be concise, polite, and attach copies of your RTI application, proof of submission, and PIO reply.
Where to File
With the First Appellate Authority (FAA) of the same department or public authority. Many central or state RTI portals allow online First Appeals.
FAA duty: Must decide within 45 days of receiving your appeal.
Second Appeal
If unsatisfied with the FAA order, or if no decision within 45 days, you can file a Second Appeal under Section 19(3):
- To the Central or State Information Commission.
- Within 90 days of FAA order (or after the 45 day period lapses).
- Include copies of RTI, PIO reply, First Appeal, FAA order, and your grounds.
Commissions may call hearings; keep all documents organized.
Need expert help with your RTI Appeal?
Our team can help draft clear and effective First or Second Appeals.
FAQs
What is the time limit for First Appeal?
Within 30 days of PIO's reply or after 30 days of no reply.
How long does the FAA take?
Up to 45 days, with reasons recorded.
What is the deadline for Second Appeal?
Within 90 days of the FAA order or expiry of the 45 day period.
Is there a fee for First Appeal?
Usually no fee, but check your state rules.
Can I file appeals online?
Yes, many central and state portals allow online First Appeals. Second Appeals go to Information Commissions.
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