The Right to Information Act, 2005 – First Appeal

The Right to Information Act, 2005 (RTI Act) is one of the most significant pieces of legislation in India aimed at strengthening democracy, transparency, and accountability. It gives Indian citizens the legal right to access information from public authorities, ensuring that government functioning remains open and answerable to the people.

The Act operationalizes Article 19(1)(a) of the Indian Constitution, which guarantees the Right to Freedom of Speech and Expression, as the right to information is seen as a prerequisite for meaningful participation in a democracy.

Background of the RTI Act, 2005

Before the RTI Act, access to government information was restricted under the Official Secrets Act, 1923.
Global movements in favor of transparency influenced India, such as the Freedom of Information laws in Sweden (1766), the USA (1966), and others.
Grassroots campaigns, especially by the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, highlighted the importance of information in fighting corruption and ensuring accountability.
The Freedom of Information Act, 2002 was enacted but never effectively implemented.
Finally, the Right to Information Act, 2005 replaced it and came into force on 12 October 2005.

First Appeal under the RTI Act, 2005

If an applicant is not satisfied with the reply of the Public Information Officer (PIO), or if no reply is received within the prescribed time limit, they may file a First Appeal under Section 19(1) of the RTI Act, 2005.

Grounds for First Appeal

No reply received within 30 days (or 48 hours in matters of life and liberty).
Incomplete, misleading, false, or irrelevant information.
Wrongful denial of information.
Excessive or unreasonable fee demanded.
PIO transferred the RTI but no reply was received from the concerned authority.

Procedure

File the appeal to the First Appellate Authority (FAA), who is an officer senior in rank to the PIO.
The appeal must be filed within 30 days from receiving the reply, or from the expiry of the response period if no reply is received.
No fee is required for the First Appeal.
The appeal should include:
- Details of the RTI application and PIO’s response (if any).
- Grounds for dissatisfaction.
- Relief sought (specific information requested).
- Supporting documents (copy of RTI, postal receipts, reply copy).
The FAA must dispose of the appeal within 30–45 days of filing.

Sample Format of First Appeal:


To,
The First Appellate Authority (FAA),
[Department/Office Name],
[Address].

Subject: First Appeal under Section 19(1) of RTI Act, 2005

Respected Sir/Madam,

I filed an RTI application dated [DD/MM/YYYY] with the Public Information Officer, [Department Name]. However, [no reply has been received within 30 days / the reply received is unsatisfactory].

Grounds of Appeal:

1. [State specific reason – e.g., information incomplete/false/no reply].

Relief Sought:
I request that the FAA direct the PIO to provide the complete and correct information as per the RTI Act, 2005.

Enclosures:

1. Copy of original RTI application.
2. Copy of reply from PIO (if any).
3. Proof of application submission (postal receipt/online acknowledgment).

Yours faithfully,
[Name]
[Address]
[Contact No.]
Date: [DD/MM/YYYY]
Place: [City]