RTI Appeals: First Appeal to the FAA and Second Appeal to the Information Commission (2026)
What to do when an RTI reply is missing, delayed or wrong: the first appeal to the First Appellate Authority, the second appeal to the Information Commission, and the separate complaint route. Last verified October 2026.
How-to · Transparency · RTI
You filed an RTI, and then silence, or a reply that dodges the question. The Right to Information Act, 2005 gives you two clear steps: a first appeal to a senior officer, and a second appeal to the Information Commission. There is also a separate complaint route for serious failures. The key is to use the right step, at the right time, in the right words. This guide sets out who you appeal to, by when, the fees, and the format, so your appeal is not thrown out on a technicality. Last verified October 2026.
- PIO reply: due in 30 days under Section 7(1); no reply in time is a deemed refusal.
- First appeal: to the First Appellate Authority under Section 19(1), within 30 days; the FAA decides within 30 to 45 days.
- Second appeal: to the Central or State Information Commission under Section 19(3), within 90 days; the Commission can order disclosure and penalise.
- Complaint: Section 18 is a separate route to inquire and penalise, but the second appeal is the way to force disclosure.
01When your RTI goes nowhere
Under Section 7(1) of the Right to Information Act, 2005, a Public Information Officer (PIO) must give the information, or reject the request, within 30 days. If the request was routed through an Assistant PIO, add 5 days. Where life or liberty is at stake, the limit is 48 hours.
Three things commonly go wrong: no reply at all, a late reply, or a reply that refuses or gives partial information. Each of these is a trigger for an appeal. A deemed refusal, where the PIO simply does not reply in time, is treated as a rejection you can appeal.
Keep your dates
The whole RTI appeal system runs on dates: when you filed, when the reply was due, and when you got it. Write these down, because every appeal deadline counts from one of them.
02Step 1: First appeal to the First Appellate Authority
The first appeal is filed under Section 19(1) to the First Appellate Authority (FAA), an officer senior in rank to the PIO in the same public authority.
- Time limit: within 30 days from the PIO decision, or from the date the reply was due if none came. The FAA can condone a delay beyond 30 days for sufficient cause.
- How to decide what to write: state what you asked, what you got or did not get, and why that is wrong under the Act.
- FAA decision time: under Section 19(6), the FAA must decide within 30 days, or within a total of 45 days with reasons recorded in writing.
No special fee is charged for a first appeal to a central public authority, though some States differ. There is no need for a lawyer.
03Step 2: Second appeal to the Information Commission
If the first appeal fails, or the FAA does not decide, the second appeal lies under Section 19(3) to the Information Commission.
- Which Commission: the Central Information Commission (CIC) for central public authorities, or the relevant State Information Commission (SIC) for State public authorities.
- Time limit: within 90 days from the date the FAA decision was made or should have been made. The Commission can accept a late appeal for sufficient cause.
- Powers: the Commission can direct the authority to give the information, and can impose penalties on a PIO for unjustified delay or refusal.
The second appeal is where real enforcement happens, because the Commission can both order disclosure and penalise the officer.
The first appeal is heard inside the same department. The second appeal is heard by an outside Commission that can actually order disclosure.
04The complaint route under Section 18
Separate from appeals, Section 18 lets you complain directly to the Information Commission. You can complain if a PIO was not appointed, if your request was refused, if no response came in time, if an unreasonable fee was demanded, or if the information was incomplete, false or misleading.
There is an important difference. A second appeal under Section 19 is the route that can order the authority to give you the information. A Section 18 complaint lets the Commission inquire and penalise, but it is generally not the route to force disclosure. So if your goal is to actually get the records, the second appeal is usually the stronger path. If your dispute is really with a utility rather than a public authority, a different consumer ladder applies, set out in electricity bill and supply disputes.
05Fees, format and practical tips
The RTI Act does not prescribe a single mandatory form for appeals, but the central RTI Rules, 2012 and many State Commission rules give a format, and most Commissions expect it. A good appeal names the PIO and FAA, gives the order details, states the grounds, and asks for clear relief.
- Application fee: an RTI application to a central public authority carries a fee of Rs 10. People below the poverty line are exempt from the fee.
- Appeal and complaint fee: there is generally no fee for a second appeal or a Section 18 complaint before the CIC. First appeal fees for central bodies are generally nil, though some States charge a small fee.
- Attach the papers: enclose your RTI application, the PIO reply (if any), and the first appeal and its decision when filing the second appeal.
Check your own Commission website for its exact format and online filing, as State practice varies.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
When an RTI refusal is pushed to the Information Commission and then on to a High Court writ, the point that decides it is how comparable exemptions and non-disclosures have gone before. Claw keeps watch on the cases, orders and hearing dates spread over 9,102 courts, benches and forums, and lets you comb a library of more than 30 crore judgments, with each search answering in under 5 seconds. High Court rulings reach back to 1990 and Supreme Court rulings to 1950, so you can trace a line of RTI reasoning on Sections 8, 18 and 19 from the early authorities down to the latest order.
Your own case papers stay yours, because Claw does not feed customer documents into the training of its AI models. Open a free Claw account to follow your RTI appeal by party or advocate name as it moves between the Commission and the court. To range across the wider body of law, see case search across Indian courts.
07Sources and further reading
- RTI Online (file RTI and appeals with central bodies): rtionline.gov.in
- Central Information Commission (decisions and guidance): cic.gov.in
- India Code (Right to Information Act, 2005): indiacode.nic.in
- Claw: clawlaw.in
This guide is general information, not legal advice. RTI fees and formats differ between the central government and the States, so check your own Commission rules and take advice where needed before you act.
08Frequently asked questions
What do I do if I get no reply to my RTI?
No reply within the 30-day limit under Section 7(1) is treated as a deemed refusal. You can file a first appeal to the First Appellate Authority under Section 19(1) within 30 days of the date the reply was due. If that fails, a second appeal lies to the Information Commission under Section 19(3).
What is the time limit for an RTI first appeal?
The first appeal must be filed within 30 days of the PIO decision, or of the date the reply was due, under Section 19(1). The First Appellate Authority can condone a delay for sufficient cause and must decide within 30 days, or up to 45 days with reasons recorded.
What is the time limit for an RTI second appeal?
The second appeal to the Central or State Information Commission must be filed within 90 days from the date the first appeal decision was made or should have been made, under Section 19(3). The Commission can accept a late appeal if there is sufficient cause.
What is the difference between a Section 18 complaint and a Section 19 appeal?
A Section 19 second appeal is the route that can order the public authority to give you the information. A Section 18 complaint lets the Information Commission inquire and penalise, for example where no PIO was appointed or an unreasonable fee was charged, but it is generally not the way to force disclosure. If your aim is the records, use the second appeal.
Is there a fee to file an RTI appeal?
There is generally no fee for a second appeal or a Section 18 complaint before the Central Information Commission. The RTI application itself carries a fee of Rs 10 for central public authorities, with people below the poverty line exempt. Some States charge a small first-appeal fee, so check your State rules.
Can I track an RTI case in Claw?
Yes. Across 9,102 courts, benches and forums, Claw follows the cases, orders and hearing dates in an RTI matter, and returns each search of its 30 crore plus judgments in under 5 seconds. You can look up an RTI writ by party or advocate name and read how the Commissions and the High Courts have treated the Act. Claw tracks and researches the matter; it does not give legal advice.