tools:first-appeal
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| + | ====== First Appeal Builder — Section 19(1) ====== | ||
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| + | {{url> | ||
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| + | <WRAP center round help 95%> | ||
| + | **Tool not loading?** Open it directly at [[https:// | ||
| + | </ | ||
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| + | ===== How the builder works ===== | ||
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| + | - **Step 1 — The original RTI.** Date, PIO office, reference number, and the questions you asked. | ||
| + | - **Step 2 — What the PIO did.** Paste the reply text (if any). Or flag a deemed refusal if no reply arrived. | ||
| + | - **Step 3 — Grounds of appeal.** The builder scans the reply for 13 common invalid-ground patterns — each linked to statute and case law. You can tick, un-tick, and add your own grounds. | ||
| + | - **Step 4 — Your details.** Name, address, FAA contact (optional). The builder generates a complete Section 19(1) appeal letter with facts, grounds, relief sought, and enclosures list — ready to copy, download, or print. | ||
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| + | ===== What the builder checks for ===== | ||
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| + | * **Deemed refusal (§7(2))** — when the PIO missed the 30-day window or did not reply at all. | ||
| + | * **§7(9) blanket refusal** — " | ||
| + | * **" | ||
| + | * **Sub-judice as a ground** under §8(1)(b) without an express court order. | ||
| + | * **§8(1)(d)** invoked without third-party competitive-harm analysis. | ||
| + | * **§8(1)(e) fiduciary** applied to non-fiduciary records — //Aditya Bandopadhyay//, | ||
| + | * **§8(1)(h) investigation** invoked where the inquiry is closed. | ||
| + | * **§8(1)(i) cabinet** invoked for a decided matter — //R.K. Jain//. | ||
| + | * **§8(1)(j) personal** without §8(2) balancing — post-DPDP-2025 framework. | ||
| + | * **"Not information" | ||
| + | * **Motive / reason asked** — bar under §6(2). | ||
| + | * **Blanket refusal** without §10 severability. | ||
| + | * **Third-party grounds** without §11 procedure. | ||
| + | * **Unreasoned refusal** — violation of §7(8)(i). | ||
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| + | Each detected ground comes with its specific statutory citation and relevant Supreme Court / High Court authority. You review the list and edit what you want to keep. | ||
| + | |||
| + | ===== What the First Appeal gets you ===== | ||
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| + | * **No filing fee.** The First Appeal is free. | ||
| + | * **Same public authority, senior officer.** The FAA is typically one rank above the PIO, within the same office. | ||
| + | * **30 days to decide** (extendable by 15 days with reasons) under §19(6). | ||
| + | * **Higher remedies.** The FAA can direct disclosure (§19(8)(a)), | ||
| + | |||
| + | ===== Timing ===== | ||
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| + | * **File within 30 days** of receiving the PIO's reply (or of the expiry of the PIO's 30-day window, for deemed refusals). | ||
| + | * **Condonation of delay** is permitted under §19(1) proviso only where the appellant was prevented by sufficient cause — plead this explicitly if you are late. | ||
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| + | Full procedural detail: **[[: | ||
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| + | ===== Want to understand the grounds first? ===== | ||
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| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
| + | * **[[: | ||
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| + | ===== If the FAA denies too ===== | ||
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| + | * **File a Second Appeal under §19(3)** within 90 days, to the State or Central Information Commission. Still free. | ||
| + | * **Section 20 penalty** — the Commission can impose up to Rs. 25,000 on the PIO personally. | ||
| + | |||
| + | ===== Feedback & corrections ===== | ||
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| + | Found a detection rule that missed your case? Spotted a typo in the generated letter? **Please report it at [[: | ||
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| + | ===== Related reading ===== | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | * Right to Information Act, 2005 — §§ 6(2), 7(1), 7(2), 7(8)(i), 7(9), 8(1), 8(2), 10, 11, 19, 20 | ||
| + | * Right to Information (Regulation of Fee and Cost) Rules, 2012 — Central | ||
| + | * Digital Personal Data Protection Act, 2023 — §44(3) amending RTI §8(1)(j) | ||
| + | * //CBSE v. Aditya Bandopadhyay//, | ||
| + | * //RBI v. Jayantilal Mistry//, (2016) 5 SCC 136 | ||
| + | * //R.K. Jain v. UoI//, (2013) 14 SCC 794 | ||
| + | * //Namit Sharma v. UoI//, (2013) 1 SCC 745 | ||
| + | * //Justice K.S. Puttaswamy (Retd.) v. UoI//, (2017) 10 SCC 1 | ||
| + | * //S. Venkatesan v. CIC// (Madras HC, 2016) | ||
| + | * //C. Muniyappan v. State of TN// (Madras HC, 2013) | ||
| + | * //Treesa Irish v. CPIO// (Kerala HC, 2010) | ||
| + | * //Shailesh Gandhi v. CIC// (Bombay HC, 2013) | ||
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| + | ---- | ||
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| + | //Last reviewed: 21 April 2026.// | ||
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| + | {{tag> | ||
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tools/first-appeal.txt · Last modified: by 127.0.0.1
