The first appeal is a statutory provision under section 19 of the Right to Information Act, 2005 when the RTI applicant is not satisfied with the disposal of RTI or he does not get any response within 30 days, he can file the first appeal to the First Appellate Authority. Under section 19(1) of the Right to Information Act, the officers who are senior in rank to Public Information Officer(PIO) are to be appointed as Appellate authorities to handle the appeals from requesters who are dissatisfied with how their application has been handled.
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The applicant can file RTI within 60 days of receipt of the application if he is dissatisfied with the answer and within 30 days of receipt of the application if he has not received any answer within 30 days of filing the RTI application.
The appeal can be filed regarding that matter only, which you have asked before. No fresh matter can be put forward in the first appeal RTI.
The applicant can file the First appeal in RTI, if:
It is the duty of the PIO, to mention the name and address of the appellate authority in the answer under the RTI Act, 2005, to make it convenient for the applicant to file the appeal if the answer is unsatisfactory.
Within 30 days of the receipt of a decision of PIO or 60 days from the date of receipt of RTI application, the applicant can file the First appeal in RTI.
Attach the following documents with the First appeal application:
If the applicant has not received any answer within 30 days of filing the RTI application, he can file the First appeal in RTI. He needs to attach a copy of the RTI application and a Copy of the speed/registered post slip with his First appeal application.
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30 days and in exceptional cases 45 days
Section 19(6) of the RTI Act provides that the First Appellate Authority should dispose of the appeal within thirty days of the receipt of the appeal. In exceptional cases, the appellate authority may take forty-five days to dispose of the appeal subject to the condition that he shall record in writing the reasons for the delay in deciding the appeal
No fees are required while filing the First appeal in RTI.
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Supriya Gill is the founder of Nomadic Lawyer where she provides legal insights on all the Indian, US, and Foreign laws. Supriya Gill is a licensed Indian lawyer with expertise in Family laws and corporate laws specifically. She has conducted legal research for various clients. Supriya Gill has a bachelor's degree in Law (B.A. LL.B.) from Guru Nanak Dev University Amritsar in 2022. Supriya Gill has a postgraduate diploma in Contract Drafting, Negotiation, and Dispute resolution from Law Sikho which is an online Legal education platform. Additionally, Supriya Gill completed her postgraduate diploma in GST from Parul University, Varodra, Gujrat, in 2021. Supriya Gill has also conducted legal research on family law cases and assisted senior counsels in drafting pleadings in District Court.
You can also contact me at supriyagill97@gmail.com
About The Author
Supriya Gill is the founder of Nomadic Lawyer where she provides legal insights on all the Indian, US, and Foreign laws. Supriya Gill is a licensed Indian lawyer with expertise in Family laws and corporate laws specifically. She also has conducted legal research for various clients.
Nomadic Lawyer is a legal blog which provides legal insights across
Indian law, US law and International jurisdictions, making the law
accessible to all. Nomadic Lawyer is a passion project founded in 2021
by Supriya Gill, a licensed Indian lawyer with expertise in
Family law and Corporate law.
