RTI First & Second Appeal Guide: Format, Fees & Penalties

RTI Appeals Explained: First Appeal, Second Appeal, Penalties & Online Filing

Learn how to file a First Appeal and Second Appeal under the RTI Act 2005 — grounds, timelines, sample formats, Information Commission powers, penalties on PIOs, and how to file a second appeal online.

Before drafting your application, it also helps to understand the law and the application process — see our companion guides, Right to Information Act 2005 Explained: Complete Guide to RTI in India and RTI Application Format: How to File Online & Offline, which cover the Act's history, salient features, application format, fees, and online filing portals.

Filing your RTI application correctly is only the first step. What happens when the Public Information Officer (PIO) doesn't reply in time — or replies with information you're not satisfied with? That's where the appeal system under the RTI Act 2005 comes in. In this guide, we break down the entire appeal process — from a First Appeal to the First Appellate Authority (FAA), right through to a Second Appeal before the Information Commission, along with sample formats, the penalties a PIO can face, and how to file a second appeal online.

Table of Contents

1. When Do You Need to File an Appeal?
2. First Appeal Under RTI Act
3. Situation A: Where RTI Reply Is Not Received
4. Situation B: Where the Applicant Is Aggrieved With the Reply
5. Second Appeal Under RTI Act
6. Format of Second Appeal
7. Duty and Powers of the Information Commission
8. Penalties Under the Act
9. Online Submission of Second Appeal
10. Frequently Asked Questions (FAQs)
11. Conclusion

1. When Do You Need to File an Appeal?

After you submit an RTI request to the PIO, the ideal outcome is that the PIO supplies the information within the specified time and you're satisfied with the reply — in which case, no appeal is needed.

But this doesn't always happen. Two situations call for an appeal:

1. The RTI reply is not received within the specified time period, or
2. The RTI reply is received, but the applicant is not satisfied with it

An applicant in either situation may prefer an appeal to the First Appellate Authority (FAA) within 30 days from the date the PIO's reply should have been received, or was actually received. The FAA may admit an appeal filed after this period if satisfied that the appellant was prevented by sufficient cause from filing on time.

The FAA must dispose of the appeal within 30 days of receiving it — extendable up to a total of 45 days, provided the reason for the delay is recorded in writing.

Every appeal must clearly state the grounds for appeal and the prayer/relief sought.

2. First Appeal Under RTI Act

A First Appeal can arise from either of the two situations below, and the drafting approach differs slightly for each.

3. Situation A: Where RTI Reply Is Not Received

This is the more straightforward case to draft. The ground for appeal is simply "No response within the time limit." The relief sought is a direction to the PIO to provide the information at the earliest.

Documents to attach: a photocopy of the RTI application, proof of payment of the RTI fee, and a photocopy of the postal receipt (if sent by post).

Sample First Appeal — No Response Received:

Date – ___________ To, The First Appellate Authority, (Name of the public authority) (Office address of the public authority) Subject – First Appeal under RTI Act 2005 Dear Sir, I submitted a request for information under RTI Act to the Public Information Officer of (Name of the public authority) on (Date of making request). More than 30 days have passed since then, but there is no response from the Public Information Officer. Therefore, I am submitting this appeal under the Act, with the prayer to give directions to the PIO to provide me the information at the earliest. Thank you, (Signature of the appellant) (Name of the appellant) (Address of the appellant) Enclosures: 1. A copy of RTI application 2. A copy of Indian Postal Order attached with application 3. A copy of postal receipt

4. Situation B: Where the Applicant Is Aggrieved With the Reply

An appeal can also be filed when a reply is received, but the applicant is not satisfied with it. The most common reasons for dissatisfaction are:

I. The PIO has refused access to the information requested

Under Section 7(8), if a PIO rejects an RTI request, they must communicate the reasons for rejection. The most common reasons cited by PIOs are:

• The information sought falls outside the definition of "information" under Section 2(f)
• The information is exempted under Section 8 or Section 9
• The information is third-party information under Section 2(n), and the third party has objected to disclosure under Section 11

Also note Section 7(2): if the PIO fails to give a decision within the specified time period, the PIO is deemed to have refused the request — which itself becomes grounds for appeal.

II. The PIO has provided incomplete, misleading, or false information

Where the PIO replies in time, cites no exemption, but the information given is incomplete, misleading, or false, a First Appeal can be filed against that decision.

In either case, the appellant must clearly state the grounds of appeal — i.e., why they believe access was wrongly refused.

Sample First Appeal — Aggrieved With PIO's Reply:

Date – To, The First appellate Authority, (Name of the public authority) (Office address of the public authority) Subject – First Appeal under RTI Act 2005 Dear Sir, I submitted a request for information under RTI Act to the Public Information Officer of (Name of the public authority) on (Date of making request). The PIO has refused access to information saying the information sought is personal in nature and has cited Section 8(1)(j) of the RTI Act. I contend that the information sought in my RTI application is not the personal information, and even if it is so, public interest in disclosure outweighs the harm to the protected interests. Hence, it can be disclosed. Therefore, I am submitting this appeal under the Act, with the prayer to give directions to the PIO to provide me the information at the earliest. Thank you, (Signature of the appellant) (Name of the appellant) (Address of the appellant) Enclosures: 1. A copy of RTI application 2. A copy of PIO's reply

5. Second Appeal Under RTI Act

If you're not satisfied with the FAA's decision — or the FAA fails to dispose of your appeal at all — you can file a Second Appeal with the Information Commission (Central or State, as applicable) within 90 days from the date the FAA's decision should have been made, or was actually received.

As with the First Appeal, the Information Commission may admit a delayed appeal if satisfied that the appellant was prevented by sufficient cause from filing on time.

Drafting a Second Appeal differs from a First Appeal mainly in its format and in the prayers/relief sought — since the Information Commission, unlike the FAA, is empowered to order compensation, impose penalties on the PIO, and recommend disciplinary action.

6. Format of Second Appeal

A Second Appeal to the Commission should contain the following:

1. Name and address of the appellant
2. Name and address of the PIO to whom the RTI application was addressed
3. Name and address of the PIO who gave reply to the RTI application
4. Name and address of the FAA who decided the First Appeal
5. Particulars of the RTI application
6. Particulars of the orders, if any, against which the appeal is preferred
7. Brief facts leading to the appeal
8. Prayer or relief sought
9. Grounds for the prayer or relief
10. Any other information relevant to the appeal
11. Verification/authentication by the appellant

Documents to attach with a Second Appeal:

• A copy of the application submitted to the PIO
• A copy of the reply received, if any, from the PIO
• A copy of the appeal made to the FAA
• A copy of the order received, if any, from the FAA
• Copies of other documents relied upon by the appellant
• An index of the documents referred to in the appeal

Sample Second Appeal:

Date – To, The Central Information Commission CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110067 Subject – Second Appeal under RTI Act, 2005 Dear Sir, I submitted a request for information under RTI Act to the Central Public Information Officer of UIDAI on 07-Apr-2020. The CPIO refused access to information saying the information sought was personal in nature and exempted under Section 8(1)(j) of the RTI Act. Against this order, I filed an appeal and contended that the information sought in my RTI application was not the personal information, and even if it was so, public interest in its disclosure outweighs the harm to the protected interests. Hence, it could be disclosed. The First Appellate Authority has re-affirmed the decision of the CPIO, but has not given any reason for it. Therefore, I am submitting this appeal under the Act, with the prayer to give directions to the CPIO to provide me the information at the earliest. Thank you, Signature…. Suresh Kumar H. No. 549, Chandra Nagar, New Delhi, Pincode – 110001 Enclosures: All the documents mentioned in the Index attached herewith

7. Duty and Powers of the Information Commission

The Information Commission is duty-bound to receive and inquire into a complaint from anyone who:

1. Has been unable to submit a request to the PIO — either because no PIO was appointed, or the PIO refused to accept the application
2. Has not received a response within the specified time limit
3. Has been refused access to requested information, or believes the information given was incomplete, misleading, or false

To address these complaints, the Commission has the power to:

• Require the public authority to take steps necessary to secure compliance with the Act
• Require the public authority to compensate the complainant for loss or other detriment suffered
• Impose any of the penalties provided under the Act

The decision of the Information Commission is binding.

8. Penalties Under the Act

In any appeal proceeding, the burden of proof lies on the PIO to show that the denial of a request was justified — and that they acted reasonably and diligently.

Where the Information Commission finds that a PIO, without any reasonable cause:

• Refused to receive an application for information, or
• Did not furnish information within the specified time period, or
• Malafidely denied the request, or
• Knowingly gave incorrect, incomplete, or misleading information, or
• Destroyed information that was the subject of the request, or
• Obstructed the furnishing of information in any manner

…the Commission shall impose a penalty of ₹250 per day until the application is received or the information is furnished — capped at ₹25,000.

Where the PIO has done any of the above without reasonable cause and persistently, the Commission shall recommend disciplinary action against the PIO under the service rules applicable to them.

In either case, the PIO must be given a reasonable opportunity of being heard before any penalty is imposed.

Violation	Consequence
Without reasonable cause (one-off): refusal to receive application, delay, malafide denial, incorrect/incomplete/misleading info, destruction of records, obstruction	₹250 per day of delay, capped at ₹25,000
Without reasonable cause AND persistently	Recommendation for disciplinary action under applicable service rules

9. Online Submission of Second Appeal

Online filing of a Second Appeal is currently available only through the Central Information Commission (CIC), and only for RTI cases belonging to public authorities under the Central Government and the Government of NCT of Delhi.

Steps to file a Second Appeal online with the CIC:

1. Visit https://dss.cic.gov.in/auth/login
2. Fill in Ministry/Department Details
3. Fill in Applicant's Particulars
4. Fill in Details of RTI Application
5. Fill in CPIO Details
6. Fill in Response of CPIO
7. Fill in Details of First Appeal
8. Fill in FAA Details
9. Upload the Second Appeal application
10. Upload Supporting Documents
11. Upload Applicant's ID Proof
12. Click Submit

On successful submission, the appellant receives a diary number, which can be used to track the status of the second appeal.

For appeals relating to State public authorities outside Delhi NCT, offline filing with the concerned State Information Commission remains the applicable route — check your State Information Commission's website for the current process.

10. Frequently Asked Questions (FAQs)

Q1. Within how many days must a First Appeal be filed?

Within 30 days from the date the PIO's reply should have been received, or was actually received. The FAA may condone delay for sufficient cause.

Q2. How long does the FAA have to decide a First Appeal?

30 days from receipt of the appeal, extendable up to 45 days with the reason for delay recorded in writing.

Q3. What are the two situations in which a First Appeal can be filed?

Where the RTI reply is not received within time, or where the applicant is aggrieved with the reply given.

Q4. Within how many days must a Second Appeal be filed?

Within 90 days from the date the FAA's decision should have been made, or was actually received. The Information Commission may condone delay for sufficient cause.

Q5. Who bears the burden of proof in an appeal?

The PIO — they must show that denying the request was justified and that they acted reasonably and diligently.

Q6. What penalty can be imposed on a PIO for unreasonable delay or denial?

₹250 per day of delay, up to a maximum of ₹25,000.

Q7. Can a PIO face disciplinary action?

Yes — where the Information Commission finds the PIO acted without reasonable cause and persistently (repeated refusal, delay, malafide denial, false information, destruction of records, or obstruction), it can recommend disciplinary action under the applicable service rules.

Q8. Can a Second Appeal be filed online?

Yes, but only through the Central Information Commission (CIC), and only for cases involving Central Government public authorities or the Government of NCT of Delhi.

11. Conclusion

The appeal mechanism under the RTI Act exists to enforce your original request — not to fix a poorly drafted one. Knowing exactly when to approach the First Appellate Authority, how to frame your grounds and prayer, when to escalate to the Information Commission, and what penalties a defaulting PIO can face puts you in a much stronger position to actually get the information you're entitled to.

For the application process itself, see our guide on RTI Application Format: How to File Online & Offline, and for the law's full background, read Right to Information Act 2005 Explained: Complete Guide to RTI in India.

Need help drafting your own First or Second Appeal? Share the details of your case in the comments, and we'll help you frame it correctly.