Understanding RTI Appeals
If the Public Information Officer (PIO) fails to provide information, rejects your application, provides incomplete/incorrect information, or charges excessive fees, you have the right to file an appeal.
Educational Purpose: This information is for general awareness only. Consult a qualified legal professional for specific advice.
Two-Tier Appeal Structure under RTI Act
| Appeal Level | Authority | Time Limit to File | Fee |
|---|
| First Appeal | First Appellate Authority (FAA) - senior officer within same department | Within 30 days of PIO's decision/no response | No fee |
| Second Appeal | Central Information Commission (CIC) or State Information Commission (SIC) | Within 90 days of FAA's decision/no response | ₹50 (waived for BPL) |
When Can You File an Appeal?
- Information not provided within 30 days (deemed refusal)
- Application rejected by PIO
- Information provided is incomplete or incorrect
- Fees charged are excessive
- Response is misleading or evasive
- No response from First Appellate Authority within 30-45 days
First Appeal Process
Who is First Appellate Authority (FAA)? The FAA is a senior officer within the same public authority, typically one rank above the PIO.
- Write appeal application addressing the FAA
- Clearly mention the original RTI application details and PIO's response (or lack thereof)
- Specify why you are not satisfied with PIO's response
- No fee required for First Appeal
- Submit to FAA (can be submitted online on rtionline.gov.in for central depts)
- FAA must decide within 30 days (extendable to 45 days with reasons)
Important: First Appeal is mandatory before filing Second Appeal. You cannot directly approach Information Commission without exhausting First Appeal.
Sample First Appeal Format
To,
The First Appellate Authority,
[Department Name], [Address]
Subject: First Appeal under Section 19(1) of RTI Act, 2005 against PIO's order dated [Date]
Respected Sir,
I filed an RTI application (No. [Number], dated [Date]) with the PIO requesting information on [brief description]. The PIO has [state reason for appeal - not provided/partially provided/rejected]. Copy of RTI application and PIO's response attached.
I request you to direct the PIO to provide complete information and impose penalty for delay.
Sincerely,
[Name], [Address], [Contact]
Second Appeal Process
Who decides Second Appeal? Central Information Commission (for central govt) or State Information Commission (for state govt).
- File within 90 days of FAA's decision (or deemed decision)
- Pay ₹50 fee (IPO/DD or online)
- Submit appeal online via respective Information Commission portal
- Commission may conduct hearing (in person or video conference)
- Commission passes order directing disclosure or upholding rejection
Powers of Information Commission
- Direct the public authority to provide information
- Impose penalty on PIO (₹250 per day up to ₹25,000)
- Order compensation to the complainant for loss/damage
- Recommend disciplinary action against erring officer
- Reject appeal if exemption validly applies
Online Appeal Portals
- Central Government: www.rtionline.gov.in (for First & Second Appeal for central depts)
- Central Information Commission: cic.gov.in (for Second Appeal after FAA order)
- State Information Commissions: Each state has its own portal
Documents to Attach with Appeal
- Copy of original RTI application
- Proof of payment of RTI application fee
- Copy of PIO's response (if any)
- Copy of First Appeal (for Second Appeal)
- Copy of FAA's order (for Second Appeal)
- Postal/online submission proof
Time Lines Summary
- PIO response: 30 days (48 hours for life/liberty)
- First Appeal filing: Within 30 days of PIO decision
- FAA decision: 30-45 days from appeal
- Second Appeal filing: Within 90 days of FAA decision
- CIC/SIC decision: Typically 60-90 days from appeal
What If Information Commission Order is Not Followed?
Information Commission can impose penalties and recommend disciplinary action. For persistent non-compliance, contempt proceedings may be initiated before High Court.