If your RTI application is rejected, partially answered, or simply ignored, you have the right to file a first appeal with the First Appellate Authority (FAA) of the same public authority — at no fee — within 30 days of receiving the unsatisfactory reply (or within 30 days of the date the reply was due, if none came). The FAA must decide your appeal within 30 days, extendable to 45 days with written reasons. This remedy is available under Section 19(1) of the Right to Information Act, 2005.
You do not need a lawyer to file a first appeal. Any Indian citizen who has filed an RTI application and is dissatisfied with the response — or has received no response at all — can file directly, in writing, to the senior officer designated as FAA in the concerned public authority. If the first appeal also fails, you can escalate to the Information Commission (Central or State) under Section 19(3) of the RTI Act.
What Is the Legal Basis for an RTI First Appeal?
Section 19(1) of the Right to Information Act, 2005 gives every RTI applicant the right to appeal against the decision of the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO). The grounds for appeal include: outright rejection of the request, supply of incomplete or misleading information, imposition of unreasonable fees, and failure to respond within the stipulated 30-day period (or 48 hours for life-and-liberty matters under Section 7(1)).
The first appeal is a statutory right — it is not discretionary. The FAA is typically an officer senior in rank to the CPIO within the same public authority. Every public authority is legally required to designate such an officer and display the designation publicly.
Who Can File and Against Whom?
- Who can file: Any Indian citizen who submitted a valid RTI application and is aggrieved by the response (or non-response) of the CPIO/SPIO.
- Against whom: The appeal is directed against the decision of the CPIO/SPIO of the relevant Central or State government public authority.
- Filed with: The First Appellate Authority (FAA) of the same public authority — usually an officer one level above the CPIO.
- No fee: Unlike the original RTI application (which requires a ₹10 fee for Central government bodies), the first appeal carries no filing fee. State rules vary; some states charge a nominal fee, so check your State RTI Rules.
What Is the Deadline to File?
You must file the first appeal within 30 days from the date you received the CPIO/SPIO reply — or from the date the reply was due if no reply was received. Under Section 19(1), the FAA has discretion to condone delay if you show sufficient cause. Always mention the reason for delay in your appeal if you are filing late. Do not wait: the longer the delay, the harder it becomes to get it condoned.
What Grounds Can You Raise?
- No response received within the statutory 30-day (or 48-hour) period
- Request was rejected without valid legal reason
- Information provided was incomplete, vague, or evasive
- Excessive or wrongly calculated fees were demanded
- Information was supplied in a format that was not reasonably accessible
- Third-party information was withheld beyond the scope of exemptions under Sections 8 and 9 of the RTI Act
- Wrong public authority claimed it did not hold the information, without transferring the request under Section 6(3)
How to Draft Your First Appeal: Step-by-Step
There is no prescribed form for a first appeal under the Central RTI Rules. It is a plain written application. However, it must contain certain key elements to be effective. Structure it as follows:
- Heading: 'First Appeal Under Section 19(1) of the Right to Information Act, 2005'
- To: Name and designation of the First Appellate Authority, name of the public authority, full address
- Appellant details: Your full name, address, contact number
- RTI application details: Registration/receipt number, date of filing, name of the CPIO to whom it was addressed
- Response received: Date of reply (if any), brief summary of what was stated
- Grounds of appeal: Clearly state why the reply is unsatisfactory, citing specific sections of the RTI Act where applicable
- Relief sought: Specify exactly what information you want — e.g., 'provide complete copies of all files relating to…', 'supply the information free of charge', 'direct the CPIO to transfer the request to the correct authority'
- Declaration: State that the information sought is not covered by any exemption under Sections 8 or 9, to the best of your knowledge
- Enclosures: Copies of the original RTI application, proof of submission, any reply received from the CPIO
- Date and signature
Tip: Always keep a copy of every document you send. If submitting by post, use Speed Post or Registered Post so you have a tracking reference. If submitting in person, get an acknowledgement with date and stamp.
Where and How to Submit the First Appeal?
The first appeal must be submitted to the First Appellate Authority of the same public authority where you originally filed the RTI. You can submit it:
- Online (Central government bodies): The RTI Online Portal managed by the Department of Personnel and Training allows online first appeal filing for Central government public authorities. Search for 'RTI Online Portal' on the National Portal of India at india.gov.in to locate the current link.
- By post: Address the appeal to the FAA at the public authority's official address.
- In person: Deliver at the public authority's office and obtain a written receipt.
- State government bodies: Many states have their own RTI portals; check your State government's official website. Where no online option exists, file physically or by post.
For grievances about government processes more broadly, the Centralised Public Grievance Redress portal can be used in parallel, though it does not replace the formal RTI appeal process.
What Happens After You File?
Under Section 19(6) of the RTI Act, the FAA must dispose of the appeal within 30 days of receipt, which may be extended to 45 days if recorded in writing with reasons. The FAA may:
- Allow the appeal and direct the CPIO to provide the information
- Partially allow the appeal
- Dismiss the appeal if the CPIO's decision is upheld
If the FAA does not respond within 45 days, or if you are dissatisfied with the FAA's order, you may file a second appeal (or complaint) before the Central Information Commission (for Central government bodies) or the relevant State Information Commission under Section 19(3) of the RTI Act. The second appeal must be filed within 90 days of the FAA's decision or the expiry of the 45-day period.
Common Mistakes That Weaken an RTI First Appeal
- Not quoting the original RTI application number or date
- Filing after 30 days without explaining the delay
- Vague grounds — simply saying 'I am not satisfied' without stating why
- Not enclosing copies of the original application and CPIO's reply
- Asking for new information that was never part of the original RTI request
- Addressing the appeal to the wrong officer or wrong public authority
- Emotional or abusive language — keep the tone factual and respectful
Tip: Cross-check that the FAA you are approaching is the correct one. Many public authorities publish a list of their CPIOs and FAAs on their official website. If the list is not available, you can file a fresh RTI asking for this information.
When Should You Consult an Advocate?
Most first appeals are straightforward and do not require legal assistance. However, consulting a qualified advocate is advisable when: the information sought relates to a sensitive legal matter (property disputes, service matters, criminal cases); the public authority repeatedly ignores or mishandles your requests; you intend to use the information in court proceedings; or you are unsure about which exemption clause the authority has invoked and whether it is valid. You can browse advocates by city and practice area to find someone experienced in RTI and administrative law. You can also ask a legal question to get general guidance before deciding whether to engage a professional.
Related Citizen Rights You Should Know
The RTI Act sits alongside a broader framework of citizen rights in India. Understanding your full range of rights helps you use each mechanism effectively. You may find it useful to read about everyday legal rights every citizen should be aware of. If your RTI relates to consumer transactions or public utility services, see our guide on consumer rights in India. For other legal guides on citizen rights, browse the full legal guides library. You can also search previously answered legal questions for situations similar to yours.
This guide is general legal information, not legal advice. Laws and procedures may vary by state and change over time. Consult a qualified advocate for advice specific to your situation.
Step-by-Step Process
Collect your documents
Gather copies of your original RTI application, proof of submission (postal receipt, tracking number, or online acknowledgement), the CPIO/SPIO's reply (if any), and proof of the date you received it.
Identify the First Appellate Authority
Find the name and designation of the FAA for the concerned public authority. Check the authority's official website, any written communication from the CPIO, or the original RTI acknowledgement. If not available, file a fresh RTI asking for this information.
Draft the first appeal
Write a plain application headed 'First Appeal Under Section 19(1) of the Right to Information Act, 2005'. Include your details, RTI reference number, summary of the CPIO's reply, specific grounds of appeal citing the relevant section of the RTI Act, and the exact relief you seek.
Check the deadline
Ensure you are filing within 30 days of receipt of the CPIO's reply, or within 30 days of the reply due-date if none was received. If filing late, add a paragraph explaining the reason for delay and requesting condonation.
Verify the fee requirement
For Central government bodies, no fee is payable. For state government bodies, check the applicable State RTI Rules to confirm whether a fee applies and, if so, attach the correct payment instrument.
Submit the appeal
File online via the RTI Online Portal (for Central government bodies), by Speed Post or Registered Post to the FAA's official address, or in person at the public authority's office with a dated acknowledgement receipt. Keep a copy of everything you submit.
Track the timeline
The FAA must reply within 30 days (extendable to 45 days with written reasons). Note the date of submission and follow up in writing if no decision is received within 45 days.
Escalate if necessary
If the FAA rejects the appeal or fails to respond within 45 days, file a second appeal or complaint before the Central Information Commission or relevant State Information Commission under Section 19(3) of the RTI Act within 90 days of the FAA's order or the expiry of the 45-day period.