Section 19(5) places the burden of proof on the PIO. The FAA's role is to examine whether that burden was discharged. A checklist makes the examination consistent, defensible, and efficient.

1. 1. Did the PIO correctly identify whether the information is held by the public authority? (Section 2(f))
2. 2. If not held, did the PIO transfer under Section 6(3) within 5 days? Rejection without transfer is procedurally wrong.

1. 3. Did the PIO invoke a specific sub-clause (e.g., 8(1)(j)), not bare “Section 8”?
2. 4. Did the PIO explain how the exemption applies to the particular record? Not generic boilerplate.
3. 5. Did the PIO cite any relevant case law (Deshpande for service records, Jayantilal for fiduciary, R.K. Jain for file notings, etc.)?

1. 6. Did the PIO examine whether Section 8(2) public-interest override applies? The proviso is mandatory.
2. 7. Did the PIO apply Section 10 severability, or explain why partial disclosure is not possible?

1. 8. Did the PIO issue Section 11 notice where the record is treated as confidential by a third party?
2. 9. Did the PIO reply within 30 days (or 48 hours for life/liberty, or 40 days where Section 11 notice was issued)?
3. 10. If reply exceeded 30 days, has deemed refusal under Section 7(2) taken effect?

1. 11. Did the PIO charge the correct statutory fee (Rs. 10 application, Rs. 2/page copies)?
2. 12. Did the PIO supply information in the form requested, or explain under Section 7(9) why an alternative form is proposed?

1. 13. Did the PIO communicate the First Appellate Authority's name and address? (Section 7(8)(iii))
2. 14. Did the PIO provide reasons in writing as required by Section 7(8)(i)?
3. 15. Did the PIO attach any documents referenced in the reply, or certify their availability?

The FAA's order should explicitly reference the checklist. Example:

Analysis.
(a) On identification — the PIO correctly identified the record as held by this Office (Question 1: yes).
(b) On exemption — the PIO invoked Section 8(1)(j) and cited //Girish Deshpande// appropriately (Questions 3, 4, 5: yes).
(c) On balancing — Section 8(2) balancing is recorded on the file; reasonable application (Question 6: yes).
(d) On severability — the PIO declined to sever on the ground that the record is wholly personal. Examination by this Office confirms that line-level severance would render the remaining text meaningless (Question 7: yes).
(e) On Section 11 — the record concerns a third party; the PIO issued notice on DD-MM-YYYY and considered the objection (Question 8: yes).
(f) On timelines — reply issued within 30 days (Questions 9, 10: yes, no).
(g) On form and fee — Rs. 2/page correctly charged (Questions 11, 12: yes).
(h) On appealability — FAA contact and reasons recorded (Questions 13, 14: yes).

Based on the above, the PIO has discharged the burden under Section 19(5). Appeal dismissed / allowed / partially allowed.

• Rubber-stamp upholds. “Appeal dismissed” without engaging the checklist.
• Missing Section 19(4) notice to third party.
• Forgetting Section 20 recommendation when a pattern of delay is apparent.
• Charging for First Appeal — there is no fee under Section 19(1).
• Deciding without hearing when facts are contested.

• Keep the checklist printed beside your appellate file.
• Use a colour-coded marker system in the order (green pass / amber partial / red fail) to make the analysis visual.
• Note checklist outcomes in the file endorsement; helps future audits.
• Train junior FAAs on the checklist. Consistency improves institutional reliability.

• Bhagat Singh v. CIC (Delhi HC 2008) — speaking order requires engagement with each exemption invoked.
• R.K. Jain v. UoI, (2013) 14 SCC 1 — reasons on the record are mandatory.
• Namit Sharma v. UoI, (2013) — quasi-judicial nature of appellate review.

Q1. Must an FAA use this exact checklist?
No. The 15 points are our editorial distillation of statutory and case-law requirements. You may use a shorter list, provided each statutory obligation is covered.

Q2. Can the FAA cure the PIO's procedural gap?
Some gaps — yes (e.g., require severance, re-calculate fee). Others — no (Section 11 notice must be issued by the PIO).

Q3. How long does a checklist-based disposal take?
Typically 30–60 minutes per appeal once the PIO file is in hand.

A 15-point checklist is not bureaucratic ritual; it is the discipline that makes appellate orders defensible. Use it, record the outcomes, and your orders will survive Second Appeal and writ.

• FAA speaking-order guide
• Section 19(8) appellate powers
• First Appeal timelines
• PIO RTI reply guide
• PIO & FAA knowledge base

• RTI Act, 2005, Sections 6, 7, 8, 10, 11, 19, 20
• Bhagat Singh v. CIC (Delhi HC 2008)
• R.K. Jain v. UoI, (2013) 14 SCC 1

Last reviewed: 21 April 2026.