Differences

This shows you the differences between two versions of the page.

@@ Line 1: / Line 1: @@
+{{htmlmetatags>metatag-keywords=(first appeal timeline rti,section 19 1 rti,section 19 6 rti,faa disposal deadline,rti 30 day appeal,rti appeal time limit)&metatag-description=(First Appeal timelines under the RTI Act — the 30-day filing window under §19(1), the 30/45-day disposal deadline under §19(6), fee-clock interactions, and how to condone delay.)}}
+====== First Appeal Timelines — FAA Timekeeping Under Section 19 ======
+{{ :social:auto:faa-first-appeal-timelines.png?direct&1200 |First Appeal timelines — RTI Wiki}}
+{{page>snippets:dpdp-banner}}
+<WRAP info>
+**Two clocks, one FAA.** The appellant runs a **30-day filing window** under Section 19(1). The FAA runs a **30-day disposal window** under Section 19(6), extendable to **45 days with reasons recorded in writing**. Missing either has consequences.
+</WRAP>
+===== Legal framework =====
+**Section 19(1).** A person aggrieved by the PIO's decision may file First Appeal within **30 days** of receipt of the PIO's decision, or the expiry of the 30-day reply window under Section 7(1) (deemed refusal).
+**Section 19(1) proviso.** The FAA may admit a delayed appeal "if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time".
+**Section 19(4).** Where appeal involves third-party information, the third party gets a reasonable opportunity to be heard.
+**Section 19(6).** The appeal shall be disposed of within **30 days** of receipt, or **45 days from the date of filing** for reasons to be recorded in writing.
+**Section 19(3).** Second Appeal to the Commission within **90 days** of the FAA's decision or the date by which the decision should have been made.
+===== Timeline at a glance =====
+|= Event |= Statutory time |= Source |
+| PIO receives RTI | Day 0 | Section 6 |
+| PIO must reply | Day 30 (48 hrs for life/liberty; 35 days post-transfer; 40 days post-§11 notice) | §7(1) |
+| Appellant can file First Appeal | Within 30 days of PIO's reply or Day 31 (if deemed refusal) | §19(1) |
+| FAA must dispose | Day 30 from receipt of appeal | §19(6) |
+| With written reasons, FAA may extend to | Day 45 from filing | §19(6) proviso |
+| Appellant can file Second Appeal | Within 90 days of FAA order or FAA deadline expiry | §19(3) |
+===== Key principles =====
+  * **Clocks are independent.** The PIO's delay does not extend the FAA's timeline.
+  * **Fee restarts the PIO clock.** Section 7(3) — if PIO asks for further fee, the 30-day clock starts afresh on payment. Relevant to appeal timing.
+  * **Condonation is discretionary.** The FAA may admit time-barred appeals; must record "sufficient cause".
+  * **45-day extension requires reasons.** Not automatic; the FAA must record why extension is needed.
+  * **Second Appeal right accrues on deadline expiry.** Even without a formal FAA order.
+===== Drafting — condone-delay order =====
+<code>
+Appeal No. FA/2026/XXX
+This First Appeal has been filed __ days beyond the 30-day period prescribed under Section 19(1) of the RTI Act, 2005. The Appellant has stated that the delay was occasioned by [state reason — medical emergency / postal delay / misdirected reply, etc.]. This Office is satisfied that sufficient cause has been shown.
+In exercise of the proviso to Section 19(1), the delay is condoned and the appeal is admitted for consideration on merits.
+</code>
+===== Drafting — 45-day extension order =====
+<code>
+This Office finds that the present appeal requires further examination of the PIO's file and a limited clarification from the third party notified under Section 11. In the interest of a reasoned disposal, the 30-day disposal window under Section 19(6) is extended by a further 15 days, so that disposal may be effected by DD-MM-YYYY.
+The reasons for extension are recorded under Section 19(6) proviso: [state specific reason — third-party response awaited / complex multi-branch record / hearing scheduled, etc.].
+</code>
+===== Common mistakes =====
+  * **Silent extensions.** Taking 45 days without recording reasons — non-compliance with the proviso.
+  * **Treating the appellant's 30-day window as extendable by the FAA.** It isn't unless the appellant pleads sufficient cause under §19(1).
+  * **Missing the 30-day deadline without explanation.** The Second Appeal right crystallises regardless.
+  * **Charging fee for First Appeal.** No fee is prescribed under the Act.
+  * **Counting holidays incorrectly.** Days are calendar days unless stated otherwise.
+===== Pro tips =====
+  * **Maintain an appeal calendar.** Day 25 alert for pending appeals — gives you 5 days to act or record extension.
+  * **Record condonation up-front.** At the acknowledgment stage, not in the final order — simpler.
+  * **Batch similar appeals.** Disposal efficiency + consistency.
+  * **Hear oral representations** only where necessary — written disposal is faster and usually sufficient.
+===== Case law =====
+  * **//CIC Full Bench//** (various) — §19(6) proviso requires recorded reasons; silent extensions invite Commission scrutiny.
+  * **//Bhagat Singh v. CIC//** (Delhi HC 2008) — timeliness is substantive; breach weakens the State's defence.
+  * **//Namit Sharma v. UoI//** (2013) — appellate procedure is quasi-judicial; written reasons are mandatory.
+===== FAQs =====
+**Q1. Can the appellant file First Appeal before the PIO's 30-day window expires?**\\ Only if the PIO has issued a decision; otherwise premature. Deemed refusal crystallises on Day 31.
+**Q2. Does receiving the PIO's reply after filing the appeal affect the timeline?**\\ No. The appeal proceeds on the reply that existed (or didn't) at filing date.
+**Q3. Can both parties agree to waive the 30-day disposal?**\\ No. It's a statutory right, not contractual.
+**Q4. What if the FAA is absent?**\\ The public authority must designate another senior officer to act as FAA. The deadline is institutional, not personal.
+**Q5. Does deemed refusal count as the PIO's "decision"?**\\ Yes for appeal-filing purposes — the 30-day appellate window runs from the deemed-refusal date.
+===== Conclusion =====
+Two clocks, three timelines, one disciplined calendar. A FAA who keeps the appellate clocks clean issues timely speaking orders, preserves the Second Appeal escalation path, and protects the institution from Section 20 recommendations.
+===== Related reading =====
+  * [[:faa-speaking-order-guide|FAA speaking-order guide]]
+  * [[:faa-section-19-8-powers|Section 19(8) appellate powers]]
+  * [[:faa-appellate-review-checklist|FAA review checklist]]
+  * [[:pio-deemed-refusal-section-7-2|Deemed refusal (PIO side)]]
+  * [[:pio-faa-knowledge-base|PIO & FAA knowledge base]]
+===== Sources =====
+  * RTI Act, 2005, Sections 7, 19
+  * //Bhagat Singh v. CIC// (Delhi HC 2008)
+  * //Namit Sharma v. UoI// (2013)
+----
+//Last reviewed: 21 April 2026.//
+{{tag>faa first-appeal timeline section-19-1 section-19-6}}

Was this helpful? — views