RTI First & Second Appeal: What to Do When Information is Denied (2026)

Introduction

The Right to Information (RTI) Act, 2005 gives every Indian citizen the right to seek information from public authorities. However, there are situations where an RTI application may be rejected, only partial information is provided, or no response is received within the prescribed time.

To protect the applicant's rights, the RTI Act provides a structured appeal mechanism. An applicant who is dissatisfied with the response may file a First Appeal before a senior officer of the concerned public authority and, if still dissatisfied, a Second Appeal before the appropriate Information Commission.

This guide explains when an appeal can be filed, the procedure for filing First and Second Appeals, the applicable timelines, required documents, and practical tips.

What is an RTI First Appeal?

A First Appeal is the first legal remedy available to an RTI applicant when they are dissatisfied with the decision of the Public Information Officer (PIO) or when no response is received within the time prescribed under the RTI Act.

The First Appeal is filed before the First Appellate Authority (FAA), who is generally a senior officer within the same public authority.

When Can You File a First Appeal?

You may file a First Appeal if:

• Your RTI application is rejected.

• No reply is received within the prescribed time.

• Only partial information is supplied.

• Incorrect or misleading information is provided.

• Excessive fees are demanded contrary to law.

• You are dissatisfied with the decision of the Public Information Officer.

• Information is refused on grounds that you believe are not legally justified.

Time Limit for Filing the First Appeal

A First Appeal should generally be filed within 30 days from:

• The date of receiving the RTI reply; or

• The date on which the reply was due, if no response was received.

The appellate authority may condone delay in appropriate cases, subject to the provisions of the RTI Act.

How to File a First Appeal

Step 1: Prepare the Appeal

Include:

• Name and address of the appellant.

• Details of the original RTI application.

• Date of filing the RTI application.

• Name of the concerned public authority.

• Grounds for the appeal.

• Relief sought.

Clearly explain why you believe the reply is incorrect or why the information should be provided.

Step 2: Attach Supporting Documents

Enclose copies of:

• Original RTI application.

• RTI acknowledgment.

• Reply received from the Public Information Officer (if any).

• Any supporting documents relevant to the appeal.

Step 3: Submit the Appeal

Submit the appeal to the First Appellate Authority of the concerned public authority through the prescribed mode (online or offline, as applicable).

Retain proof of submission.

What is a Second Appeal?

If you remain dissatisfied with the decision of the First Appellate Authority, or if no order is passed within the prescribed period, you may file a Second Appeal before the appropriate Information Commission.

Depending on the public authority involved, this may be the:

• Central Information Commission (CIC), or

• State Information Commission (SIC).

When Can You File a Second Appeal?

A Second Appeal may generally be filed when:

• The First Appeal is rejected.

• No order is passed on the First Appeal within the prescribed period.

• The information provided remains incomplete or incorrect.

• You continue to be aggrieved by the decision of the First Appellate Authority.

Time Limit for Filing the Second Appeal

A Second Appeal should generally be filed within 90 days from the date of the decision of the First Appellate Authority or from the date on which such decision ought to have been made.

The Information Commission may admit delayed appeals in appropriate circumstances, subject to the provisions of the RTI Act.

Documents Generally Required

The following documents are commonly required:

• Copy of the original RTI application.

• RTI acknowledgment.

• Copy of the PIO's reply (if any).

• Copy of the First Appeal.

• Order of the First Appellate Authority (if available).

• Proof of submission.

• Identity details (where required).

• Any supporting documents relevant to the case.

What Can the Information Commission Do?

Depending on the facts of the case, the Information Commission may:

• Direct the public authority to provide information.

• Require compliance with the RTI Act.

• Examine whether the denial of information was lawful.

• Pass appropriate directions in accordance with the RTI Act.

• Consider the imposition of penalties where permitted by law.

The Commission's powers are exercised in accordance with the provisions of the RTI Act.

Common Reasons for Rejection of RTI Requests

Information may be denied for reasons such as:

• The information falls within statutory exemptions.

• The request is addressed to the wrong public authority.

• The information is not available with the authority.

• The application is vague or unclear.

• Disclosure is prohibited under the RTI Act or other applicable laws.

Whether the rejection is valid depends on the facts and the applicable legal provisions.

Common Mistakes to Avoid

• Missing the appeal deadlines.

• Filing the appeal before the wrong authority.

• Not attaching copies of the RTI application or reply.

• Making emotional allegations without legal grounds.

• Asking new questions instead of challenging the original decision.

• Failing to preserve acknowledgment receipts.