FIRST APPEAL UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT, 2005
Filed on: __________, at __________
__________
Before: The First Appellate Authority, __________, __________, __________
Appellant: __________, __________
Officer whose decision is appealed: the Public Information Officer, __________, __________
- Forum. __________ You are the officer senior in rank to the Public Information Officer in this public authority, before whom section 19(1) of the Right to Information Act, 2005 (the Act) places this appeal.
- The application. On __________ the Public Information Officer received my application, which asked for the following: __________
- What happened. __________
- Time. Under section 7(1) the reply was due within thirty days of receipt, that is by __________. This appeal lies within thirty days from the expiry of that period or from the receipt of the decision, and the last day for it is __________.
- Why the decision cannot stand. __________
- Burden on the officer. Under section 19(5) of the Act the onus of proving that a denial of the request was justified lies on the Public Information Officer who denied it, not on me.
- What I ask for. Please (a) direct the Public Information Officer to supply the information asked for, answering each numbered question, within a period you fix; (b) where the time allowed by section 7(1) was not met, direct that it be supplied free of charge, as section 7(6) requires; and (c) give your decision in writing with reasons and send me a copy.
- Hearing. __________
- When you must decide. Section 19(6) of the Act requires this appeal to be disposed of within thirty days of its receipt, or within an extended period not exceeding forty-five days from its filing, for reasons recorded in writing; thirty days end on __________. If no decision reaches me, or it does not resolve the matter, a second appeal lies under section 19(3) to the Information Commission named in paragraph 1 within ninety days from the date the decision should have been made or was actually received.
- Copies attached. A copy of the application, with the proof of the fee paid or of the below-poverty-line exemption.
LEGAL BASIS
Punjab: The appeal lies under section 19(1) of the Right to Information Act, 2005 against a decision of the State Public Information Officer, or against the absence of a decision within the thirty days of section 7(1), which section 7(2) treats as a refusal. It is filed within thirty days from the expiry of that period or from the receipt of the decision, and the proviso to section 19(1) lets the officer admit it later if the appellant was prevented by sufficient cause. The First Appellate Authority, the officer senior in rank to the State Public Information Officer as rule 2(c) of the Punjab Right to Information Rules, 2017 defines that officer, is the addressee of this appeal and decides it under section 19(6) within thirty days of receipt, or within an extended period not exceeding forty-five days from filing, for reasons recorded in writing. Section 19(5) puts on the State Public Information Officer the burden of proving that a denial was justified, section 7(6) makes the information free of charge where the time limits were missed, and the 2017 Rules charge no fee for an appeal. A second appeal against the decision, or against its absence, lies under section 19(3) to the Punjab State Information Commission within ninety days from the date on which the decision should have been made or was actually received.
Chandigarh: Section 19(1) of the Right to Information Act, 2005 governs in the same way an appeal against the Central Public Information Officer of a public authority under the Union Territory of Chandigarh Administration, for which section 2(a)(i) makes the Central Government the appropriate Government. The First Appellate Authority, the officer senior in rank to the Central Public Information Officer under rule 2(c) of the Right to Information Rules, 2012, is the addressee of this appeal and decides it within the thirty days, or at most forty-five days, that section 19(6) allows; the 2012 Rules likewise charge no fee for an appeal. A second appeal lies under section 19(3) to the Central Information Commission within ninety days from the date on which the decision should have been made or was actually received, and the Commission may admit a later one for sufficient cause.
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023.
The purpose of collecting personal data in this appeal is to identify the appellant who made the RTI application, to record the application, the reply and the dates on which the time limits turn, and to give the First Appellate Authority an address for the notice of hearing and the decision.
The record will be held by __________ and may be shared with the First Appellate Authority, the Public Information Officer whose decision is appealed, the Information Commission if a second appeal follows, and the appellant's adviser.
If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.
A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.
Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.
Personal-data instruction: __________.
SIGNATURE
Appellant: __________