In this post i am going to tell you “What Is The First Appeal In RTI (Right To Information)? And How To File It?”
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.
Under what circumstances, the applicant can file the First appeal in RTI:
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:
- The applicant is not satisfied with the disposal of RTI, and
- He does not get any response within 30 days of filing the RTI application.
under what Circumsatnces You Can File first appeal?
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:
- Copy of RTI application
- Copy of RTI answer
- Copy of postal proof or receiving copy
Format
- Address of Appellate Authority
- Subject – First appeal
- Reasons for dissatisfaction
- Your address and other personal details
- Annexed with a copy of RTI answer, RTI application and copy of postal proof or receiving copy.
What If Any answer is not received through RTI?
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.
Format
- Address of appellate authority
- Subject – first appeal
- Mention the date when you filed it and it has crossed the limit of 30 days
- Fee payment slip copy (IPO, cheque, DD)
- Your address and other details
- Annexed with – Self-attested copy of RTI application and copy of speed/registered post slip
How to file the First appeal in RTI?
Method 1: Online Process
- Go to the website and sign in
- On the dashboard, click on pending RTI and copy the registration number and click on submit the first appeal
- Guidelines
- Put rti request registration number, email Id and security code and click on submit
- Fill in the details asked and submit it
- After submitting you will get the registration number of the first appeal, which you need to keep it properly in order to track the first appeal
Method 2: Offline Process
- Draft the First appeal application or fill in the form if it is available in your particular State
- Attach the required documents
- You can send it through registered post to the office of Appellate authority or personally to the office.
Time of disposal Of First Appeal
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
FAQS | Frequently Asked Questions
No fees are required while filing the First appeal in RTI.
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