You’ve filed your RTI. You waited patiently for a reply. But either the department stayed silent or sent you an incomplete or confusing response. So what now? The RTI Act, 2005 doesn’t leave you hanging.
It gives you the right to file a First Appeal, which is the next legal step in ensuring your request gets proper attention.
Under Section 19(1) of the Right to Information Act, 2005, if a citizen does not receive a response to their RTI within 30 days, or if the response is unsatisfactory, they can appeal to a First Appellate Authority (FAA).
This authority is a senior officer in the same public department—typically one level above the Public Information Officer (PIO) who handled your application.
But before rushing to appeal, pause and review:
- Did you submit the RTI to the correct department?
- Do you have proof of submission (Speed Post receipt or online acknowledgment)?
- Is the 30-day period (or 48 hours for life-and-liberty matters) already over?
If yes, and there’s no reply or a vague one, then your First Appeal is fully justified.
The First Appeal doesn’t have to be complicated. You don’t need a lawyer. You don’t need legal jargon. All you need is a short, factual note stating what you asked, when you asked it, and what went wrong.
Here’s what a First Appeal usually covers:
- Reference to your original RTI (including date and subject).
- The fact that you didn’t receive a response or received an inadequate one.
- A request for the FAA to direct the PIO to provide the information.
There is no fee for filing this appeal, and you don’t need to include any new questions. You’re not starting a fresh RTI—you’re following up on the one you already submitted.
Timing is important. You must file the First Appeal within 30 days from either:
- The expiry of the 30-day period (if you got no reply), or
- The day you received the reply (if it was incomplete, misleading, or vague).
If you miss this window, your appeal might still be accepted with justification—but it’s better to stay within the timeline.
Once your appeal is received, the First Appellate Authority is required to act on it and respond within 30 to 45 days. If that doesn’t happen, you still have one more option: filing a Second Appeal before the State or Central Information Commission.
Did your RTI go completely unanswered? Read What to Do If You Don’t Get a Reply to Your RTI to understand your rights.
Filing a First Appeal under the RTI Act, 2005 is a simple yet powerful step. You’re not required to use legal language or hire a lawyer.
The goal is to show that your RTI wasn’t properly addressed and to request action from a higher authority in the same department.
Here’s a basic, effective format you can use:
To:
The First Appellate Authority
[Department Name]
[Address of the Public Authority]
From:
[Your Full Name]
[Your Address]
[Your Contact Number]
[Email ID – optional]
Subject: First Appeal under Section 19(1) of the RTI Act, 2005
Respected Sir/Madam,
I had submitted an RTI application dated [insert date] under Section 6(1) of the RTI Act, 2005 to [Department Name]. As per Section 7(1) of the Act, a reply should have been provided within 30 days. However, I have not received any response (or: the reply received on [date] was incomplete/inaccurate).
Kindly treat this as a First Appeal under Section 19(1) and direct the concerned PIO to provide the information as requested.
Enclosures:
- Copy of original RTI application
- Proof of submission (postal receipt/online acknowledgment)
- Copy of the reply received (if any)
Date:
Place:
Signature
How to Submit:
- Offline: You can send the appeal via Speed Post or courier to the FAA’s office. Some departments accept hand delivery too—ask for a receipt if submitting in person.
- Online: If your original RTI was filed via RTI Online Portal, you can submit the appeal on the same portal. Some states have their own platforms for this.
Make sure to keep copies of everything. There is no fee for the First Appeal. Once it is submitted, the FAA is required to issue a decision within 30 to 45 days.
If the First Appellate Authority does not respond, or if the decision still fails to provide the requested information, you can go one step further—by filing a Second Appeal before the Central or State Information Commission under Section 19(3).
Not sure if you’re using RTI in the right way? Read Can You Use RTI for Private Companies? Here’s the Catch.
FAQs
1. Can I include new questions in the First Appeal?
No. The appeal must only address the original RTI application.
2. Is there a format for the First Appeal?
No fixed format is required, but clarity and proper referencing help.
3. Where do I find the FAA’s contact details?
Usually listed on the department’s website or RTI reply, if any.
4. Can I file a First Appeal without any RTI response?
Yes, that’s one of the main reasons to file it—no reply within 30 days.
5. Do I have to appear in person for the appeal?
Not usually. Some FAAs may invite you for a hearing, but it’s rare.
