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RTI First Appeal Format under Section 19(1) of the RTI Act

Section 19(1), Right to Information Act, 2005, read with Sections 6, 7 and 19(5) and (6)

Free sample · Word, print and copy · Updated 12 November 2026

Sample format, not legal advice. This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it.

A first appeal is the internal appeal under the Right to Information Act, 2005. It is filed before the First Appellate Authority, an officer senior in rank to the Public Information Officer (PIO) in the same public authority, when the PIO does not reply in time, rejects the request, gives incomplete or wrong information, or demands an excessive fee. It is a necessary step before a second appeal to the Information Commission.

The appeal must be filed within thirty days from the date the PIO's reply was received, or from the date on which the thirty days for a reply expired if there was none (Section 19(1)). The authority must decide the appeal within thirty days, or at most forty-five days with written reasons (Section 19(6)). If you have not yet applied for the information, use the RTI application format; if the First Appellate Authority fails you, move to the RTI second appeal.

Filed before: First Appellate Authority of the same public authority (officer senior to the PIO)
Filed by: The RTI applicant who is aggrieved by the PIO's action or inaction
Law: Section 19(1) of the RTI Act, 2005
Time limit: 30 days from the PIO's reply, or from the day the 30-day reply period ended; delay may be condoned for sufficient cause
Decision time: 30 days, extendable to 45 days with reasons (Section 19(6))
Fee: None for Central public authorities; some States charge a small fee, so check the State rules

When to use this format

The PIO has not replied within thirty days of your RTI application (this is treated as a refusal under Section 7(2)).
The PIO has rejected your request citing an exemption you think does not apply, or without giving reasons.
The information supplied is incomplete, misleading or does not answer what you asked.
The PIO has asked for an unreasonable fee or refused to give inspection or certified copies.
If the First Appellate Authority also rejects the appeal or does not decide it in time, file a second appeal before the Information Commission.

RTI first appeal under Section 19(1)

Replace everything in [square brackets] with your own details. Delete lines that do not apply.

To,
The First Appellate Authority
[DESIGNATION OF OFFICER SENIOR TO THE PIO]
[NAME OF PUBLIC AUTHORITY]
[ADDRESS]

Date: [DATE]

Subject: First appeal under Section 19(1) of the Right to Information Act, 2005 against the order / inaction of the PIO on RTI application dated [DATE], Registration No. [RTI REGISTRATION NUMBER]

Sir / Madam,

1. Details of the appellant
Name: [FULL NAME]
Address: [FULL ADDRESS]
Mobile / Email: [MOBILE] | [EMAIL]

2. Details of the PIO against whose decision the appeal is made
Name and designation: [NAME AND DESIGNATION OF PIO]
Public authority: [NAME OF PUBLIC AUTHORITY]
Address: [ADDRESS]

3. Details of the RTI application
Date of application: [DATE]
Registration number (if online): [NUMBER]
Information sought (in brief): [SUMMARY OF POINTS]
A copy of the application is attached.

4. Order or action appealed against
[CHOOSE ONE: (a) The PIO did not reply within thirty days, which amounts to a deemed refusal under Section 7(2). / (b) The PIO rejected the request by order dated [DATE], received on [DATE], citing [EXEMPTION RELIED ON]. / (c) The PIO supplied information on [DATE], but it is incomplete / incorrect as explained below. / (d) The PIO demanded fee of Rs. [AMOUNT] which is excessive.]

5. Grounds of appeal
(a) [EXPLAIN WHY THE DENIAL OR REPLY IS WRONG, e.g. the information is held by the public authority and is not exempt; the PIO did not state the specific exemption or reasons as Section 7(8) requires; the reply did not answer points [NUMBERS]; the information relates to public funds and activities and is covered by Section 4.]
(b) [IF SECTION 8(1)(j) IS CITED: the information sought relates to the discharge of public functions by the authority and its officials (for example official records, orders and expenditure of public money) and not to the private affairs of an individual, and in any case Section 8(2) permits disclosure where the public interest in disclosure outweighs the harm to the protected interest. IF ANOTHER EXEMPTION IS CITED: explain why it does not apply to the information sought.]
(c) Under Section 19(5) the burden of proving that a denial was justified lies on the PIO.

6. Relief sought
The appellant requests the First Appellate Authority to:
(a) direct the PIO to provide the information sought at points [NUMBERS] of the RTI application, free of cost where the time limit has been missed (Section 7(6)), within [NUMBER] days;
(b) set aside the rejection order dated [DATE];
(c) [OPTIONAL: refer the matter for appropriate action against the PIO for delay or denial without reasonable cause;] and
(d) give the appellant an opportunity of being heard.

7. The appeal is within the period of thirty days permitted by Section 19(1). [IF LATE: The delay of [NUMBER] days is due to [REASON], and I request that it be condoned.]

Yours faithfully,

[NAME]
[SIGNATURE]
Date: [DATE]
Place: [PLACE]

Enclosures:
1. Copy of the RTI application with proof of postage / online registration
2. Copy of the PIO's reply or rejection order, with the envelope or date of receipt, if any
3. Proof of payment of application fee
4. Any other relevant document

How to fill it in

Address the right authorityThe First Appellate Authority is named in the PIO's reply, or on the public authority's website under Section 4. If it is not stated, address the officer senior to the PIO in the same office, for example the head of the department, and ask in the covering letter that it be forwarded to the correct officer.
Count the thirty daysThe period runs from the date you received the PIO's reply, or, if there was no reply, from the day the 30-day period for a reply ended (48 hours for matters of life or liberty). The appellate authority may accept a late appeal if you show sufficient cause, so explain any delay in paragraph 7.
Describe the order or inaction exactlyPick one of the four options in paragraph 4 and delete the others. State the date on which you received the reply, as this fixes the limitation period.
Give reasons, not complaintsPoint to the specific information that was withheld and why the exemption relied on does not apply. If no reasons were given, say so; Section 7(8) requires a rejection to state the reasons and the appeal details.
Ask for clear reliefAsk for the information to be provided by a date. Where the PIO missed the thirty-day limit, you can claim it free of charge under Section 7(6). A request for action against the PIO for delay is optional and is decided by the Information Commission, not by the appellate authority.
File it and keep proofSend by registered post or speed post, or file online where the public authority accepts it (central ministries through the RTI online portal). Keep the postal receipt, and the date the authority receives it, to calculate the decision period.
Track the decisionThe authority must decide in thirty days, or forty-five days with reasons. If it fails to decide, or you are not satisfied, you can file a second appeal within ninety days.

Documents to attach

Copy of the original RTI application, with registration number or postal receipt
Copy of the PIO's reply or rejection order, or a note that no reply was received
Proof of payment of the RTI application fee
Proof of date of receipt of the PIO's reply (envelope, speed post tracking, email)
Any supporting documents showing the information exists or is a matter of public interest
Identity proof of the appellant (some authorities ask for it)

After the first appeal

The First Appellate Authority gives the PIO and you a chance to be heard and decides by a reasoned order. If the order does not give the information, or you receive no order in forty-five days, you may file a second appeal before the Central or State Information Commission within ninety days of the date the decision was given, or should have been given (Section 19(3)).

If you think the PIO acted without reasonable cause, a complaint or the second appeal can ask the Information Commission to impose a penalty under Section 20 (Rs. 250 for each day of delay, capped at Rs. 25,000) and recommend disciplinary action.

Common mistakes

Filing after the thirty-day period without explaining the delay or asking for condonation.
Appealing to the PIO or to the Information Commission directly, instead of the First Appellate Authority.
Not attaching the RTI application and the reply, so the authority cannot see what was asked and refused.
Arguing that the information is needed for a personal dispute, instead of showing it is held by the authority and is not exempt.
Asking for new information in the appeal that was not in the original application.
Not keeping proof of the date of receipt of the PIO's reply, which can be disputed later.

Frequently asked questions

What is the time limit for filing an RTI first appeal?

Thirty days from the date you receive the PIO's decision, or from the date on which the thirty-day reply period ended if there was no reply (Section 19(1)). The appellate authority can admit a late appeal if you show sufficient cause.

Is there a fee for an RTI first appeal?

No fee is payable for a first appeal to a Central public authority. Some State governments have prescribed one, so check the rules of the State concerned.

Who decides the first appeal and in how much time?

An officer senior in rank to the PIO in the same public authority decides it. The authority must dispose of the appeal within thirty days, or within forty-five days in exceptional cases if the reasons are recorded in writing (Section 19(6)).

Can I file a first appeal if the PIO does not reply at all?

Yes. Failure to decide the request within the time allowed is deemed a refusal under Section 7(2), and Section 19(1) lets you appeal against it within thirty days after the reply period ends. Where the delay was without reasonable cause, ask for the information free of cost.

Can I skip the first appeal and go to the Information Commission?

Not for a second appeal, which Section 19(3) allows only after the first appeal. A complaint to the Commission under Section 18 is a separate remedy, available, for example, where the PIO refused to accept an application or gave false information, and does not replace the first appeal for getting the information.

Reminder: This is a sample format for general information. It is not legal advice and does not create a lawyer–client relationship. Facts, court practice, court fees and stamp duty differ by state and by case. Check the current law and your local court rules, or speak to an advocate, before you file, send or sign it. Spotted an error? Tell us.