No reply at all
The most common ground. Cite Section 7(2) deemed refusal and ask the FAA to direct the PIO to supply the information free of charge under Section 7(6).
RTI First Appeal: format, deadline and appellate authority
No reply in 30 days, a half answer, or a blanket exemption? A First Appeal under Section 19(1) is free, has its own 30-day clock, and is decided by an officer senior to the PIO. Here is the timeline, the grounds and a complete appeal format.
The clock
What the 30-day rule actually means
Two separate 30-day periods decide whether your appeal survives.
The first 30 days belong to the Public Information Officer. Under Section 7(1) of the Right to Information Act, 2005 the PIO must supply the information, or reject the request with reasons, within 30 days of receiving the application — 48 hours where the life or liberty of a person is involved, and 35 days where the application came through an Assistant PIO. Silence at the end of that period is a deemed refusal under Section 7(2), so you never need to wait longer or send a reminder first.
The second 30 days belong to you. Section 19(1) gives you 30 days from the PIO's decision, or from the date the PIO's period lapsed, to file the First Appeal. A later appeal can still be admitted if the appellate authority is satisfied that you had sufficient cause for the delay, but the safe course is to file inside the window. A first appeal carries no fee at all, and if the 30 days lapsed, the information must be given to you free of copying charges under Section 7(6).
Timeline
From filing to Second Appeal
- 1
Day 0
The PIO receives your RTI application. Keep the speed post or registered post receipt — every later deadline is counted from this date, not from the date you wrote the application.
- 2
Day 30
The PIO must supply the information or reject it with reasons under Section 7(1). Where the request concerns the life or liberty of a person, the limit is 48 hours. If the PIO asked for additional copying charges, the clock pauses until you pay.
- 3
Deemed refusal
Silence after 30 days is treated as a deemed refusal under Section 7(2). You do not have to wait longer or send reminders — the right to appeal has already arisen.
- 4
Within 30 days more
File the First Appeal under Section 19(1) before the First Appellate Authority. The 30 days run from the receipt of the PIO's decision, or from the date the 30-day period lapsed. A delay can be condoned if you show sufficient cause.
- 5
FAA decision
The First Appellate Authority must dispose of the appeal within 30 days, extendable to a maximum of 45 days with reasons recorded in writing.
- 6
Within 90 days
If the FAA also fails you, a Second Appeal lies under Section 19(3) before the State Information Commission or the Central Information Commission, within 90 days of the FAA's decision or of the date it was due.
Who decides
Finding your First Appellate Authority
The appeal does not go to an information commission — it stays inside the same department.
The First Appellate Authority (FAA) is an officer of the same public authority who is senior in rank to the PIO — commonly the Deputy Commissioner, Chief Engineer, Joint Secretary, Principal or Superintendent of Police, depending on the office. Most departments publish the PIO and FAA names on their website's RTI or "Right to Information" page, and a PIO's reply is required to tell you the FAA's particulars along with the appeal period.
If no FAA is named anywhere, address the appeal to the Head of Office of the same public authority and say so in the appeal; it cannot be rejected merely because you could not find the designation. Only after the FAA decides, or lets 45 days pass, does the matter move to the State Information Commission or the Central Information Commission as a Second Appeal under Section 19(3).
Grounds
Six grounds that win first appeals
Name the ground explicitly — an appeal that only says 'no reply received' gives the FAA nothing to act on.
Partial or point-wise incomplete reply
The PIO answered points 1 and 3 but ignored 2 and 4. List the unanswered points as a table in the appeal so the omission is on record.
Evasive or misleading answer
"Information is voluminous", "records not traceable" or "you may inspect the file some day" are not lawful refusals. Ask for a specific record-wise reply.
Wrongful exemption claim
A blanket citation of Section 8(1)(j) personal information or Section 8(1)(d) commercial confidence without applying it to each record can be challenged, including on the larger public interest.
Excessive fee demanded
Copying charges must follow the prescribed rate. A demand designed to deter the applicant, or any fee demanded after the 30-day limit lapsed, can be set aside.
Application wrongly returned
If the application was refused for using a plain paper, for not stating a reason, or for not being on a state form, that is contrary to Sections 6(1) and 6(2).
Sample
A complete first appeal format
Replace the angle-bracketed fields, keep only the sub-clause in paragraph 3 that applies to you, and send it by speed post with the annexures.
To,
The First Appellate Authority,
<designation of the officer senior to the PIO>,
<name of the public authority>,
<full postal address with PIN>
Subject: First Appeal under Section 19(1) of the Right to Information
Act, 2005 against the non-supply of information by the Public
Information Officer, <office name>.
Sir/Madam,
1. I filed an application under Section 6(1) of the RTI Act, 2005
dated <date>, sent by speed post no. <______> and received in
your office on <date>, seeking the information listed in the
enclosed copy (Annexure A).
2. The application fee of Rs 10 was paid by <IPO / DD / court fee
stamp no. ______>.
3. The statutory period of 30 days under Section 7(1) expired on
<date>. Till date:
(a) no reply has been received; OR
(b) only points <__> were answered and points <__> were left
unanswered; OR
(c) the reply dated <date> denied the information citing
Section <__> without recording how that exemption applies
to each record sought.
4. The failure to respond within the prescribed period amounts to a
deemed refusal under Section 7(2) of the Act.
Grounds of appeal:
(i) The information sought is a "record" held by the public
authority within Section 2(f) and (i) and no exemption
under Section 8 or 9 has been lawfully made out.
(ii) No reason for seeking the information is required from an
applicant under Section 6(2).
(iii) Since the 30-day period has lapsed, the information is
required to be furnished free of any further charge under
Section 7(6).
Relief sought:
(a) Direct the Public Information Officer to supply the complete
information, point by point, free of charge.
(b) Record a finding on the delay and, if warranted, recommend
action under Section 20 of the Act.
Enclosures:
Annexure A - copy of the RTI application dated <date>
Annexure B - postal receipt / tracking printout
Annexure C - copy of the PIO's reply dated <date>, if any
No fee is payable for a first appeal under the Act.
Yours faithfully,
<Full name>
<Full postal address with PIN>
<Phone> <Email>
Place: <____> Date: <____>
Signature: ____________Keep the dispatch receipt: the FAA's own 30-day (maximum 45-day) period runs from the date the appeal is received, and that date is what you will need if a Second Appeal becomes necessary.
Next step
Want the appeal drafted and filed for you?
First Appeal support is available as an add-on on our filing plans, and every appeal is written manually by our team.
- We read the PIO's reply (or note the silence), fix the exact date the 30 days lapsed and identify the correct First Appellate Authority.
- A drafter writes the appeal with point-wise grounds, the Section 7(6) free-of-charge claim and the annexure list.
- On the Full Filing plan we dispatch the appeal, monitor the FAA's 45-day limit and tell you when a Second Appeal becomes available.