RTI first appeal & second appeal — no reply in 30 days? What to do (timelines)
When your RTI application gets no reply, a partial reply or a refusal: the 30-day rule (48 hours for life or liberty), deemed refusal, first appeal within 30 days (Section 19(1)), decision in 30–45 days, second appeal to the Central or State Information Commission within 90 days, and penalties. Educational only — not legal advice.
WhatsApp opens with your question already written. You just tap send.
How long the PIO has to reply
The Public Information Officer (PIO) must reply within 30 days of receiving your application; within 48 hours if the information concerns someone’s life or liberty (Section 7(1), RTI Act, 2005). Add 5 days if you filed with an Assistant PIO (Section 5(2)). If your application is transferred to another authority, that must happen within 5 days (Section 6(3)). If the PIO does not decide within the time, it is treated as a refusal (Section 7(2)), and information supplied late must be given free of charge (Section 7(6)).
When to file a first appeal
File a first appeal if you got no reply within the time limit, an incomplete or misleading reply, a refusal without a valid exemption under Sections 8 or 9, or a demand for unreasonable fees. The appeal must be filed within 30 days of the expiry of the reply period or of receiving the reply (Section 19(1)); the appellate authority can accept a late appeal if you show sufficient cause.
Is your situation a little different? Send your question on WhatsApp.
Write in Hindi or English · general guidance, not legal advice
How to file the first appeal
Address it to the First Appellate Authority (FAA) — an officer senior to the PIO in the same public authority (the name is usually in the PIO’s reply or on the department’s website). For Central Government departments you can file online at rtionline.gov.in; many states have their own portals. Include: your name and address, the date and registration number of your RTI application, PIO details, the date of reply (if any), your grounds, and the relief you want (for example, ‘supply the information free of cost under Section 7(6)’). The Central RTI Rules, 2012 charge no fee for a first appeal; some states do — check your state’s rules.
Decision timeline
The FAA should decide within 30 days of receiving the appeal, extendable to 45 days with reasons recorded in writing (Section 19(6)). Attend the hearing if called, and keep copies of everything you submit.
Second appeal to the Information Commission
If the FAA does not decide, or you are not satisfied, file a second appeal with the Central Information Commission (for Central Government bodies) or the State Information Commission within 90 days from the date the FAA’s decision was due or received (Section 19(3)). The Commission can order the information to be supplied, award compensation to you, and impose penalties.
Complaint vs second appeal
A complaint under Section 18 is for problems like no PIO being appointed or refusal to accept your application; the Commission can inquire and penalise. But if you want an order directing the information to be given, use the appeal route under Section 19 — the Supreme Court explained this difference in Chief Information Commissioner v. State of Manipur (2011).
Penalty on the PIO
For refusing to accept an application, delay, or denial without reasonable cause, the Commission can impose a penalty of ₹250 per day up to ₹25,000 on the PIO personally (Section 20). The penalty goes to the government, not to you; you can separately ask for compensation for loss or detriment (Section 19(8)(b)).
Note on personal information (2025 change)
From 13 November 2025, Section 44(3) of the Digital Personal Data Protection Act, 2023 amended Section 8(1)(j) of the RTI Act, widening the exemption for personal information and removing the earlier ‘larger public interest’ override in that clause. The amendment has been challenged in the Supreme Court. Expect more refusals for requests about individuals’ personal details and frame requests around official records and decisions.
Practical tips and how Adhiwakta can help
Ask specific questions tied to files, dates or decisions; keep postal proof or the online registration number; and diarise the 30-, 30/45- and 90-day dates. Applicants below the poverty line do not pay the application fee (Central fee is ₹10). Adhiwakta does not file RTIs or appeals and cannot guarantee any reply; use Ask Adhiwakta or the AI helper for general guidance.
Have a related question?
Frequently asked questions
- What can I do if I get no RTI reply in 30 days?
- No reply within 30 days is a deemed refusal (Section 7(2)). File a first appeal with the First Appellate Authority within 30 days (Section 19(1)); information supplied late must be free of charge (Section 7(6)).
- What is the time limit for an RTI second appeal?
- 90 days from the date the first appeal decision was due or received, to the Central or State Information Commission (Section 19(3)).
- Is there a fee for an RTI first appeal?
- No fee is charged for a first appeal under the Central RTI Rules, 2012. Some states charge a fee under their own rules, so check your state’s rules.
Share Adhiwakta with someone who needs it
Send this page on WhatsApp — legal information in Hindi & English.