What is the First Appeal in RTI?

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The First Appeal in RTI (Right to Information) is an appeal made by an applicant when they do not receive a response to their RTI application within the prescribed time limit, or if they are not satisfied with the response received from the Public Information Officer (PIO). Under the Right to Information Act, 2005, every citizen has the right to access information from public authorities. When a person files an RTI application and either gets no reply within 30 days (or 48 hours in case of life or liberty issues), or receives an unsatisfactory or incomplete reply, they can file a First Appeal. Key Points about First Appeal under RTI: 1. When to file: You can file the First Appeal: If you don’t receive a reply from the PIO within 30 days. If you are not satisfied with the reply given by the PIO. If the information is denied without reasonable cause. If the applicant feels that exemption claimed by the PIO is unjustified. 2. Time limit to file First Appeal: You must file the First Appeal within 30 days from the date you receive the response from the PIO, or from the date when the response was due (if you did not receive any reply). 3. Where to file: The First Appeal is filed with the First Appellate Authority (FAA) of the same public authority. This authority is usually a senior officer designated for this purpose. 4. Mode of filing: The First Appeal can be filed: In writing Either by hand, post, or electronically, depending on the rules of the specific public authority. 5. Format: Though there is no strict format under the Act, most state governments or public authorities have their own suggested format. The appeal should mention: RTI application reference number and date Details of the information sought Grounds for appeal Any supporting documents 6. Disposal Time: The FAA is required to dispose of the First Appeal within 30 to 45 days from the date of filing the appeal. 7. No Fee: Generally, there is no fee for filing a First Appeal under the RTI Act. 8. What happens after the First Appeal: If the applicant is not satisfied with the decision of the First Appellate Authority, or if no decision is given within the specified time, the applicant can file a Second Appeal before the Central or State Information Commission, depending on whether the public authority falls under the central or state government. Summary: The First Appeal under the RTI Act is a remedy available to applicants who do not receive a timely, adequate, or satisfactory response to their RTI request. It is filed before a senior officer within the same public authority, and must be filed within 30 days of receiving an unsatisfactory reply or from the expiry of the time limit for response.

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