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+{{htmlmetatags>metatag-keywords=(faa appellate review checklist,faa rti review,rti first appeal checklist,faa evaluation pio reply,rti appellate framework,15 point faa checklist)&metatag-description=(The 15-point appellate review checklist for First Appellate Authorities under Section 19 of the RTI Act — evaluate the PIO's reply, spot gaps, and decide the appeal with reasoned grounds.)}}
+====== The FAA's 15-Point Appellate Review Checklist ======
+{{ :social:auto:faa-appellate-review-checklist.png?direct&1200 |FAA review checklist — RTI Wiki}}
+{{page>snippets:dpdp-banner}}
+<WRAP info>
+**Use this checklist.** Before you dispose of any First Appeal, run the PIO's reply through these 15 questions. Any "no" is a finding in the appellant's favour — in whole or in part.
+</WRAP>
+===== Why a checklist =====
+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.
+===== The 15 questions =====
+==== On identification of record ====
+  - **1. Did the PIO correctly identify whether the information is held by the public authority?** (Section 2(f))
+  - **2. If not held, did the PIO transfer under Section 6(3) within 5 days?** Rejection without transfer is procedurally wrong.
+==== On exemption invocation ====
+  - **3. Did the PIO invoke a specific sub-clause** (e.g., 8(1)(j)), not bare "Section 8"?
+  - **4. Did the PIO explain how the exemption applies to the particular record?** Not generic boilerplate.
+  - **5. Did the PIO cite any relevant case law** (Deshpande for service records, Jayantilal for fiduciary, R.K. Jain for file notings, etc.)?
+==== On balancing and severability ====
+  - **6. Did the PIO examine whether Section 8(2) public-interest override applies?** The proviso is mandatory.
+  - **7. Did the PIO apply Section 10 severability**, or explain why partial disclosure is not possible?
+==== On third-party and timelines ====
+  - **8. Did the PIO issue Section 11 notice** where the record is treated as confidential by a third party?
+  - **9. Did the PIO reply within 30 days** (or 48 hours for life/liberty, or 40 days where Section 11 notice was issued)?
+  - **10. If reply exceeded 30 days, has deemed refusal under Section 7(2) taken effect?**
+==== On form and fee ====
+  - **11. Did the PIO charge the correct statutory fee** (Rs. 10 application, Rs. 2/page copies)?
+  - **12. Did the PIO supply information in the form requested**, or explain under Section 7(9) why an alternative form is proposed?
+==== On appealability ====
+  - **13. Did the PIO communicate the First Appellate Authority's name and address?** (Section 7(8)(iii))
+  - **14. Did the PIO provide reasons in writing** as required by Section 7(8)(i)?
+  - **15. Did the PIO attach any documents referenced in the reply**, or certify their availability?
+===== How to use the checklist in the speaking order =====
+The FAA's order should explicitly reference the checklist. Example:
+<code>
+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.
+</code>
+===== What to do when a question fails ====
+|= Question failed |= Typical action |
+| Q1 (identification) | Remand for fresh PIO consideration |
+| Q2 (transfer) | Set aside; direct transfer under Section 6(3) with fresh clock |
+| Q3–5 (sub-clause / reasoning / case law) | Set aside or modify; often direct partial disclosure |
+| Q6 (Section 8(2)) | Set aside and direct balancing; may direct disclosure |
+| Q7 (severability) | Direct partial disclosure |
+| Q8 (Section 11) | Remand for notice; FAA cannot cure procedural gap |
+| Q9–10 (timeline) | Record deemed refusal; consider Section 20 recommendation |
+| Q11 (fee) | Direct fee refund |
+| Q12 (form) | Direct delivery in requested form or confirm alternative |
+| Q13–14 (appealability / reasons) | Set aside; direct fresh speaking reply |
+===== Common oversights ====
+  * **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.
+===== Pro tips =====
+  * **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.
+===== Case law =====
+  * **//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.
+===== FAQs =====
+**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.
+===== Conclusion =====
+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.
+===== Related reading =====
+  * [[:faa-speaking-order-guide|FAA speaking-order guide]]
+  * [[:faa-section-19-8-powers|Section 19(8) appellate powers]]
+  * [[:faa-first-appeal-timelines|First Appeal timelines]]
+  * [[:pio-rti-reply-guide|PIO RTI reply guide]]
+  * [[:pio-faa-knowledge-base|PIO & FAA knowledge base]]
+===== Sources =====
+  * 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.//
+{{tag>faa appellate-review checklist section-19}}

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