If the Public Information Officer (PIO) does not provide information within the prescribed period, provides incomplete or incorrect information, or rejects the RTI application, the applicant can file a first appeal under Section 19(1) of the Right to Information Act, 2005 before the designated First Appellate Authority (FAA). The FAA is generally an officer senior to the PIO within the same public authority.
Key points:
Time limit: The first appeal should generally be filed within 30 days from the expiry of the period allowed for the PIO to provide information, or from the date of receiving the PIO's decision. The FAA can admit a delayed appeal if there is sufficient cause for the delay.
Where to file: The appeal should be addressed to the First Appellate Authority designated by the concerned public authority. The FAA's details may be available on the public authority's website or in its RTI section.
Grounds for appeal: Clearly mention why you are dissatisfied. For example:
No response was received from the PIO within the prescribed time.
The information supplied is incomplete.
The information supplied appears incorrect or misleading.
The PIO rejected the RTI request and the applicant disputes the rejection.
Excessive or incorrect additional fees were demanded.
The information provided does not properly address the questions asked.
Details to include: The appeal should normally contain your name and contact details, the date of the original RTI application, the RTI application/registration number, details of the PIO, the date and nature of the PIO's reply (if any), and a clear explanation of the information that was not provided.
Documents: Attach a copy of the original RTI application and, where applicable, the PIO's reply, rejection order, postal/email delivery proof, and copies of any other relevant correspondence or documents.
Relief requested: Clearly state what you want the FAA to order—for example, that the PIO provide the missing information, correct the deficiencies, or reconsider an improper rejection.
First appeal fee: For applications made through the Central Government's RTI Online portal, no fee is required for filing the first appeal. However, applicants should check the applicable rules for the particular public authority, especially where a State Government authority is involved.
Decision by FAA: The First Appellate Authority is expected to consider the appeal fairly and issue a reasoned order.
Conclusion:
A first appeal is the appropriate remedy when the PIO fails to respond, gives incomplete or incorrect information, or rejects an RTI request. The applicant should generally file it within 30 days, clearly explain the grievance, attach the relevant RTI documents, and specifically state what information or relief is being sought. If the applicant remains dissatisfied with the first appeal decision, a **second appeal can generally be filed before the appropriate Information Commission
