RTI First Appeal Format: What to File When the PIO Does Not Reply

The thirty days have passed and nothing has arrived. Or a reply has arrived that says the information "is not available" without citing a section, or asks you to pay an amount that has no basis in the fee rules, or sends you to a different department without transferring the request. Each of these is an appealable failure, and the remedy is the first appeal under Section 19(1) of the Right to Information Act, 2005.

The first appeal is not a fresh RTI application. It is a challenge to a specific decision or to the absence of one, filed before an officer senior to the Public Information Officer within the same public authority. Getting the rti first appeal format right matters because the appellate authority can only decide the grounds you place before it, and because the thirty-day limitation runs against you.

When the first appeal is available

Section 19(1) allows any person who does not receive a decision within the time specified in Section 7(1) or is aggrieved by a decision of the PIO to prefer an appeal within thirty days from the expiry of that period or from the receipt of the decision. In practice there are four distinct situations.

• No reply at all. The thirty-day period has expired and the PIO has neither provided the information nor rejected the request. This is a "deemed refusal" and it is appealable.
• Refusal under Section 8 or Section 9. The PIO has cited an exemption. The appeal challenges whether that exemption applies to the specific records.
• Incomplete or evasive reply. Some items are answered and others are ignored, or the reply provides unrelated documents. The appeal should list each unanswered item separately.
• Excessive or improper fee. The PIO demands a fee that is not in the rules, or charges for pages that were not provided. This is treated as a refusal to provide information on payment of the prescribed fee.

Who the appeal goes to

Under Section 19(1), the first appeal lies to an officer senior in rank to the PIO in the same public authority. Every public authority is required to designate this officer. If the PIO is the Director, the appellate authority must be above that rank. The designation is usually published on the authority's website and in its RTI manual under Section 4(1)(b). Address the appeal to the "First Appellate Authority" by designation and office, not by name, so that a transfer of officers does not invalidate the address.

If you cannot identify the appellate authority, address the appeal to the head of the public authority and mark it "First Appeal under Section 19(1), RTI Act, 2005" with a request to place it before the designated authority. Do not send it to the PIO, because the PIO cannot decide an appeal against his own decision.

The format, field by field

Framing the grounds

Grounds should be specific and should track the PIO's own words. If the reply says the information is exempt under Section 8(1)(j), the ground should be that the records sought concern the discharge of public duties by named officials and therefore fall within the proviso to Section 8(1)(j), which allows disclosure where the larger public interest justifies it. If the reply is silent, the ground should be that no decision was communicated within thirty days and the request is deemed refused under Section 7(1).

Where the reply is incomplete, reproduce each numbered item from the original application and state whether it was answered, answered partially, or ignored. An appellate authority reading a table of seven items with three ignored can direct disclosure of those three quickly. An appellate authority reading a paragraph of complaint has to reconstruct the request.

Do not use the appeal to argue the underlying grievance. If your complaint against a department was not acted upon, the appeal is not the place to demand action; it is the place to demand the records that show what action was taken. Keep the appeal about information.

Fee and procedure

No fee is prescribed for the first appeal under the central rules. Some state rules prescribe a nominal fee; check the state rules before filing. The appeal should be accompanied by self-attested copies of the original application, the fee receipt, the postal acknowledgement and the reply, if any. Send it by registered post with acknowledgement due or through the online portal where available, and keep a copy.

The appellate authority is expected to decide the appeal within thirty days, and in exceptional cases within forty-five days, with reasons recorded for the extension. Section 19(6) requires the authority to give the appellant and the PIO a reasonable opportunity of being heard. If the authority does not decide within the period, the appellant can move to the second appeal.

What the appellate authority can order

Under Section 19(8), the appellate authority can require the public authority to take any of several steps: provide access to the information, appoint a PIO where none exists, publish certain information, or change the form in which information is maintained. It can also direct the authority to provide the information free of charge where the delay exceeded the period. If the authority finds the PIO acted without reasonable cause, it can recommend disciplinary action under Section 20, though the penalty power itself rests with the Information Commission.

In practice, the most useful order is a direction to provide the specific documents within a fixed number of days. Ask for that in the relief clause, with the item numbers. An order that simply says "the appeal is allowed" without a compliance direction often produces another round of silence.

Mistakes that get first appeals dismissed

• Filing before the thirty days expire. A premature appeal is treated as not maintainable. Wait for the period or for the reply.
• Addressing the appeal to the PIO. The PIO cannot sit in appeal over his own order. Send it to the appellate authority.
• Not annexing the original application. The authority cannot verify what was asked or when. Attach everything.
• Raising new requests in the appeal. The appeal is confined to what was asked in the original application. New items require a fresh application.
• Filing after a long delay without explanation. If the thirty days have passed, add a short paragraph explaining the delay and asking the authority to condone it, with dates.
• Arguing the merits of the department's decision. The appeal is about disclosure, not about whether the department was right.

If the appeal also gets no response

A failure by the first appellate authority to decide within the statutory period is itself a ground for the second appeal under Section 19(3). The second appeal lies to the State Information Commission or the Central Information Commission, depending on the public authority. The limitation is ninety days from the date on which the first appeal should have been decided, and the Commission has discretion to condone delay.

Before filing the second appeal, send a written reminder to the first appellate authority and keep the postal proof. The reminder is not a statutory requirement, but it establishes that the silence continued and it strengthens the limitation argument.

Frequently asked questions

Is there a fee for the first appeal?

Under the central rules, no fee is prescribed for the first appeal. Some states charge a small fee under their own rules. Check the state RTI rules and the public authority's manual before filing, and keep the receipt if you pay.

Can I file the first appeal online?

Many state information commissions and some central authorities accept first appeals through their online portals. Where the portal is not available, file on plain paper by registered post. An online filing creates a timestamp that is useful if limitation is disputed.

What if the PIO replies after I file the appeal?

The appeal does not automatically become infructuous. If the reply is complete and satisfactory, you can withdraw the appeal in writing. If it is still incomplete or exempt, the appeal continues and the late reply itself becomes evidence of the delay. Inform the appellate authority of the reply and its date.

Can the appellate authority enhance the fee?

The authority can direct payment of the prescribed fee for copies, but it cannot impose a fee that is not in the rules. If the PIO demanded an amount beyond the fee schedule, the appeal should ask for a direction to provide the information on payment of the correct fee.

Does the first appeal require a lawyer?

No. The Act is designed for self-representation and the appellate authority is required to give you a hearing. A drafted appeal with clear grounds and annexures is usually enough. Complex cases involving third-party information or multiple exemptions benefit from professional drafting.

Can I ask for the information free of charge in the appeal?

Yes. Section 19(8) allows the appellate authority to direct that the information be provided free of charge where the delay in providing it exceeded the period specified in Section 7(1). Ask for it expressly in the relief clause, with the number of days of delay.

Drafting Support

Our drafting team prepares first appeals under Section 19(1) with numbered grounds tied to the PIO's reply, a clear relief clause and the full annexure set. Send us the original application and the reply, and we will frame the appeal and the second appeal together where the timeline requires it.