Sample First Appeal Against SPIO Under the RTI Act, 2005

The Right to Information (RTI) Act, 2005 empowers every Indian citizen to seek information from public authorities. However, there are many situations where the State Public Information Officer (SPIO) either fails to provide the requested information within the prescribed time or provides incomplete or misleading information.

In such circumstances, the applicant has the legal right to file a First Appeal before the First Appellate Authority (FAA) under Section 19(1) of the RTI Act, 2005.

This article provides an easy-to-understand appeal format that anyone can modify according to their own case.

When Can You File a First Appeal?

You can file a First Appeal if:

• The SPIO does not reply within the prescribed period.

• The information supplied is incomplete.

• False or misleading information is provided.

• The information is wrongly denied.

• Excessive fees are demanded.

• Only part of the requested information is supplied.

Generally, the appeal should be filed within 30 days from the date of receiving the SPIO's decision or from the date when the reply should have been received.

Easy Sample First Appeal Under RTI Act, 2005

From:
.............................. S/o ..............................
..............................
Date: ..............................
To,
The First Appellate Authority-cum-Secretary
.............................. Staff Selection Commission
Bays No. ..............................
..............................
Subject: First Appeal under Section 19(1) of the RTI Act, 2005.
Respected Sir,
I respectfully submit that I had filed an RTI application seeking certain information from the SPIO. However, the information has not been provided within the prescribed time.
I have received the hearing notice regarding my appeal and shall remain present on the scheduled date and time.
The information sought by me has remained pending for more than .............................. days, causing unnecessary hardship and defeating the objective of the RTI Act.
I therefore request you to kindly:
Direct the SPIO to provide the complete information without further delay.
Examine the reasons for the delay.
Take appropriate action under Section 20(1), if the statutory requirements are satisfied.
Consider suitable compensation, if admissible under law.
I hope that appropriate relief will be granted in accordance with law.
Thanking you,
Yours faithfully,
(Signature)
.............................. S/o ..............................
Address: ..............................
District: ..............................
State: ..............................
PIN: ..............................

Important Legal Provisions

Section 6

Provides the procedure for filing an RTI application.

Section 7

Requires the Public Information Officer to provide information within the prescribed time limit, generally 30 days.

Section 19(1)

Provides the right to file a First Appeal before the First Appellate Authority.

Section 20(1)

Empowers the Information Commission (not the First Appellate Authority) to impose a penalty on the Public Information Officer if the statutory conditions are satisfied.

Important Note: Although applicants often request action under Section 20(1) in their appeals, the actual power to impose a monetary penalty under Section 20(1) rests with the Central or State Information Commission, not the First Appellate Authority. The FAA may, however, examine the matter and pass appropriate orders within its jurisdiction.

Documents to Attach with Your First Appeal

• Copy of the original RTI application.

• Postal receipt or online filing acknowledgment.

• Copy of the SPIO's reply (if any).

• Proof of delay (if available).

• Any supporting documents relevant to the appeal.

Tips for Drafting an Effective Appeal

• Keep the facts clear and chronological.

• Mention all important dates accurately.

• Quote the relevant provisions of the RTI Act.

• Avoid emotional or offensive language.

• Request only those reliefs that are legally permissible.

• Attach supporting documents wherever possible.

Common Mistakes to Avoid

• Filing the appeal before the expiry of the statutory response period.

• Mentioning incorrect dates.

• Failing to attach copies of the RTI application.

• Demanding relief beyond the powers of the First Appellate Authority.

• Using vague or unnecessary allegations without evidence.

Sample of Realistic Appeal against SPIO in easy method, under RTI ACT 2005

From:                                                                                                 Dated: .............
.......... S/o ..........
H. No. ........, Colony ........,
Haryana – Pin ,,,,,,,,

FIRST APPEAL / REPRESENTATION

To,
The First Appellate Authority-cum-Secretary,
XYZ Staff Selection Commission,
Bays No. ............, Sector-Y,
District: ...................., PIN: 000009

Subject: First Appeal under the Right to Information Act, 2005 – Request for Early Disposal of Appeal and Supply of Information

Respected Sir/Madam,

With reference to your letter dated 07/09/........., Memo No. RTI-................, I respectfully submit that I shall remain present at the time of hearing in your office on 11/04/......... at 3:00 PM.

However, before the scheduled hearing, I wish to bring the following facts to your kind notice.

My First Appeal was received in your office on 12/03/.......... The hearing has now been fixed for 11/04/......... at 3:00 PM by the First Appellate Authority-cum-Secretary, Haryana Staff Selection Commission.

As per Section 19(6) of the Right to Information Act, 2005, an appeal is required to be disposed of within 30 days from the date of its receipt, or within a maximum period of 45 days where an extension is necessary and the reasons for such extension are recorded in writing.

However, despite the passage of the prescribed period, I have not yet received the complete information sought by me. I respectfully submit that the delay in disposal of the appeal and in providing the requested information may kindly be considered in accordance with the provisions and objectives of the RTI Act, 2005.

The information sought by me has remained pending since 02/01/........., resulting in a delay of more than ......... days. Such prolonged delay has caused unnecessary hardship to me and has defeated the purpose of obtaining information within the time prescribed under the RTI Act.

In view of the above, I respectfully request the Hon’ble First Appellate Authority-cum-Secretary to kindly dispose of my First Appeal at the earliest and direct the concerned SPIO/PIO to provide the complete and correct information sought by me without any further delay, in accordance with law.

I further request that, if the delay or failure on the part of the concerned SPIO is found to be without reasonable cause and the statutory conditions are otherwise satisfied, appropriate action may kindly be taken in accordance with Section 20(1) of the RTI Act, 2005, including placing the matter before the competent Information Commission, as may be permissible under law.

I also request that any other relief available to me under the RTI Act may kindly be considered in accordance with law.

I therefore request your good office to kindly:

1. Dispose of my First Appeal expeditiously;
2. Direct the concerned SPIO/PIO to provide the complete and correct information sought by me;
3. Consider the delay in accordance with Section 19(6) of the RTI Act, 2005; and
4. Take or recommend such further action as may be permissible under the RTI Act, including action under Section 20(1), if the statutory requirements are found to be satisfied.

I shall remain present at the scheduled hearing and place my submissions before the Hon’ble First Appellate Authority.

I hope that my grievance will receive your kind consideration and that appropriate relief will be granted to me in the interest of justice, transparency and the objectives of the Right to Information Act, 2005.

Thanking you,

Yours faithfully,

Name: ..............................................

S/o: ..................................................

Address: ..........................................

District: ...........................................

PIN: .................................................

RTI Application No.: .....................

First Appeal No.: ............................

Mobile No.: .....................................

Date: ................................................

Place: ...............................................

FAQs

1. What is a First Appeal under the RTI Act, 2005? A First Appeal is filed before the First Appellate Authority when the SPIO does not provide information or gives an incomplete or unsatisfactory reply.

2. When can I file a First Appeal against the SPIO? You can file it if no reply is received within the prescribed time or if you are dissatisfied with the SPIO's decision.

3. Who hears the First Appeal? The First Appellate Authority designated by the concerned public authority hears the appeal.

4. Is there a fee for filing a First Appeal? Generally, no fee is required for filing a First Appeal under the RTI Act, though specific rules may vary in some jurisdictions.

5. What documents should be attached? Attach a copy of the original RTI application, the SPIO's reply if received, and any supporting documents relevant to the appeal. 

Conclusion

The First Appeal under Section 19(1) of the RTI Act, 2005, is a simple and effective legal remedy for citizens who have not received the requested information within the prescribed period or have received incomplete, incorrect, or misleading information from the Public Information Officer. The purpose of this guide is to help ordinary citizens understand the appeal process and prepare a clear and concise First Appeal when their legitimate request for information has not been properly addressed. Access to information is an important part of transparency and accountability in public administration, and the RTI Act provides a statutory mechanism through which citizens can seek information from public authorities. While preparing the appeal, applicants should ensure that the correct designation and address of the First Appellate Authority are mentioned. The relevant details may be obtained from the official website of the concerned department or public authority. A properly drafted appeal can help the concerned authority understand the grievance clearly and take appropriate action in accordance with the RTI Act, 2005. We hope this guide helps citizens understand their rights and navigate the RTI appeal process more effectively.

Disclaimer

This article is provided for general educational and informational purposes only and does not constitute legal advice or create an advocate-client relationship. While every effort has been made to present the RTI process accurately, laws, rules, procedures, deadlines, and requirements may change or vary depending on the public authority and circumstances of a particular case.

This guide should not be treated as a substitute for professional legal advice. Applicants should verify the applicable requirements, First Appellate Authority details, filing procedure, and current RTI rules with the concerned public authority or official government sources before filing an appeal.

Nothing in this article guarantees that a First Appeal will result in disclosure of the requested information or any particular outcome.