1. The Quick Rule: “30-30-90” #
- 30 Days: To file a First Appeal after the 30-day RTI response window expires (or from the date you receive a rejection).
- 30 Days: The time the First Appellate Authority has to decide your case.
- 90 Days: To file a Second Appeal with the Information Commission if the First Appeal fails.
2. Tier 1: The First Appeal (Internal Review) #
The First Appeal is filed within the same department. It is handled by the First Appellate Authority (FAA), who is an officer senior in rank to the PIO.
When to file:
- Deemed Refusal: No reply received within 30 days of filing.
- Wrongful Rejection: Information denied under Section 8 (Exemptions) which you believe don’t apply.
- Incomplete/False Info: The PIO gave a vague or factually incorrect answer.
- Exorbitant Fees: The PIO asked for unreasonable money for photocopies.
How to file (2026):
- [ ] Online (Central): Use rtionline.gov.in and click “Submit First Appeal.” Enter your original Registration Number.
- [ ] Offline (State): Send a letter to the FAA via Speed Post. Address details are usually in the PIO’s rejection letter or on the department’s “RTI” webpage.
- Fee: There is no fee for a First Appeal in Central Government. Some states (like Maharashtra or MP) may charge a small fee (₹10–₹50).
3. Tier 2: The Second Appeal (External Audit) #
If the FAA also rejects your plea or doesn’t respond within 45 days, you move outside the department to the Information Commission.
- Central Matters: Appeal to the Central Information Commission (CIC) in New Delhi (online at cic.gov.in).
- State Matters: Appeal to your respective State Information Commission (SIC).
- Power of the Commission: Unlike the FAA, the Commission can fine the PIO ₹250 per day (up to ₹25,000) for unreasonable delays and can even recommend disciplinary action.
4. Drafting the Appeal: Grounds for Success #
In 2026, “speaking orders” are mandatory. In your appeal, use these specific legal grounds:
- Severability (Section 10): “Even if part of the file is secret, the PIO should have ‘severed’ the secret parts and given me the rest.”
- Public Interest (Section 8(2)): “The public interest in knowing about [subject, e.g., bridge collapse] outweighs the harm to the department.”
- Burden of Proof (Section 19(5)): Remind the FAA that the PIO must prove why the info was denied; you don’t have to prove why you need it.
5. Step-by-Step Checklist for 2026 #
- [ ] Step 1: Check the Deadline. If you are late (beyond 30 days for First Appeal), you must attach a “Condonation of Delay” letter explaining why (e.g., medical emergency).
- [ ] Step 2: Attach All Documents. You must include:
- Your original RTI Application.
- Proof of Payment (IPO/Receipt).
- The PIO’s Reply (if any).
- Your Speed Post tracking slip.
- [ ] Step 3: Request a Hearing. Always write: “I wish to be heard in person or via video conferencing before a decision is made.” In 2026, most Commissions allow Virtual Hearings from your smartphone.
- [ ] Step 4: The Prayer. Clearly state what you want: “Direct the PIO to provide certified copies of [Document] free of cost as per Section 7(6) due to the delay.”
6. The Official Proof (For Authority) #
Section 19(1) of the RTI Act:
“Any person who… is aggrieved by a decision of the Central Public Information Officer… may within thirty days… prefer an appeal to such officer who is senior in rank.”
Supreme Court (RBI v. Jayantilal Mistry):
“The PIO cannot deny information under a fiduciary relationship unless there is a specific ‘legal’ duty of secrecy that outweighs the public interest.”
