RTI Appeal Generator

About the RTI Appeal Generator

When a Public Information Officer does not reply to your RTI application in time, refuses it, gives part of it, or asks for more fees after the deadline, the Right to Information Act 2005 gives you two appeals: a first appeal to the officer senior to the PIO in the same public authority (s.19(1)), and a second appeal to the Central or State Information Commission (s.19(3)). You can also complain to the Commission (s.18) — for example when no PIO accepts the application — though a complaint cannot get you the information itself.

Enter what you asked for, when the PIO received it and what happened next. The generator works out the reply deadline (30 days, 35 through an Assistant PIO, 40 for third-party information, 48 hours for life or liberty), the window for each appeal, and whether you are early or late. It writes the appeal with the grounds that fit — deemed refusal (s.7(2)), missing reasons (s.7(8)), exemptions (ss.8, 10, 19(5)), fees demanded after the deadline (s.7(6)) — and the reliefs each authority can actually grant. Second appeals follow the format in the Appendix to the RTI Rules 2012, with the index of documents rule 8 asks for.

Common uses

• No reply 30 days after the PIO received your application.
• A reply that refuses information citing section 8 without explaining why, or answers only some items.
• A demand for copying fees that arrives after the reply deadline.
• Taking an undecided first appeal to the Central or a State Information Commission.

Deadlines at each stage

• PIO’s reply: 30 days from receipt (s.7(1)); +5 days if filed through an Assistant PIO (s.5(2)); 40 days where third-party information is involved (s.11(3)); 48 hours where it concerns someone’s life or liberty. No decision in time is a deemed refusal (s.7(2)).
• First appeal: within 30 days of the end of that period, or of receiving the PIO’s decision (s.19(1)). A late appeal may be admitted for sufficient cause.
• First appeal decision: within 30 days, or at most 45 days with reasons recorded in writing (s.19(6)).
• Second appeal: within 90 days from the date the decision should have been made or was actually received (s.19(3)). The CIC registers it once 45 days have passed since the first appeal, or after the decision (RTI Rules 2012, r.10(3)), and when nothing is received counts the 90 days from the end of those 45 days.
• Complaint (s.18): the Act sets no time limit, but file promptly.

Which forum can order what

The First Appellate Authority can direct the PIO to give the information. Only the Information Commission can, on an appeal, require compensation for loss suffered (s.19(8)(b)), and impose a penalty of Rs. 250 a day up to Rs. 25,000 on a PIO who without reasonable cause refused the application, missed the deadline, denied it mala fide or gave incorrect information (s.20(1)), or recommend disciplinary action (s.20(2)). On a complaint the Commission inquires and can penalise, but the Supreme Court held that it cannot order the information to be given — that is done in an appeal (Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1). The generator leaves out reliefs the chosen forum cannot grant and tells you why.

Grounds that commonly succeed

• No reply: deemed refusal (s.7(2)) — and information supplied late must be free (s.7(6)).
• Refusal without reasons: the PIO must give the reasons, the time for appeal and the appellate authority’s details (s.7(8)).
• Exemption wrongly applied: the PIO must prove a denial was justified (s.19(5)); non-exempt parts must be given after severance (s.10); the public interest can override an exemption (s.8(2)). Clause (j) of s.8(1) reads simply “information which relates to personal information” (substituted by the Digital Personal Data Protection Act 2023, s.44), without the public-interest exception the old clause had — so against a refusal under it, argue that the information is not personal information, or rely on s.8(2).
• Fees after the deadline: s.7(6). A fee intimation sent in time stops the clock until you pay (s.7(3)(a)), and you can appeal against the amount (s.7(3)(b)).
• Wrong form: information must ordinarily be given in the form sought (s.7(9)).

Filing the appeal

No fee is prescribed for appeals to Central public authorities — the RTI Rules 2012 charge only for the application and copies, and RTI Online states that no fee is payable for a first appeal. States have their own rules and some charge one. For a second appeal to the CIC, rule 8 asks for copies of the application, the PIO’s reply, the first appeal, the First Appellate Authority’s order, any other document you rely on, and an index; an appeal without them may be returned (r.9), but one with them is not dismissed merely for its format (r.10(1)). File it at dss.cic.gov.in or post it to the Registrar, Central Information Commission, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi 110067. You get at least seven clear days’ notice of the hearing and can appear in person, through a representative or by video conference (r.12).

Sources

• Right to Information Act 2005 — ss.5(2), 6(3), 7, 8(1)(j) (as substituted), 8(2), 10, 11, 18, 19, 20
• Right to Information Rules 2012 — rr.3–6, 8–12 and the Appendix (format of appeal)
• CIC — guidelines for second appeals and for complaints; CIC address from cic.gov.in/contact; online filing at dss.cic.gov.in
• RTI Online — guidelines for first appeals
• Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1

Limitations

• A template, not legal advice. Whether an exemption applies, and whether a delay is condoned, is for the appellate authority and the Commission to decide.
• State Information Commissions have their own appeal rules, forms and fees; the second-appeal format here follows the Central RTI Rules 2012.
• Deadlines are counted from the dates you enter (General Clauses Act style: the first day is excluded). Postal delays and holidays are not considered.
• Written in English. To file in Hindi or a State language, translate the text — the Act allows English, Hindi or the official language of the area.

Privacy

Everything happens in your browser. Your name, address and application details are not uploaded or stored by MySmartCoPilot. If you tick Keep a draft in this browser, the form is saved in this browser’s local storage until you untick it.