First Appeal under RTI

Dear Client,
Under Section 7(1) of the RTI Act, 2005, the SPIO/CPIO has to reply to the application and the information sought under Section 6(1) the Act to the applicant within 30 to 45 days of receipt of the application. If the applicant did not receive the information or receive an unsatisfactory response within 45 days, he/she can submit his First Appeal before the designated First Appellate Authority of the Public Authority under Section 19(1) of the RTI Act within 30 days from the expiry of such period or from the receipt of an unsatisfactory decision. As per Section 19(6) of the Act, the first appeal made under sub-section (1) of the Section 19 shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. Under Section 19(3) of the Act, a second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission, provided that the Central Information Commission(CIC) or the State Information Commission(SIC), as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Given the proposition of the governing law, even if the FAA fails to reply the first appeal by prescribed time frame i.e, 5th July, 2025, he is within the right to hold a hearing of the appeal after the expiry prescribed time of reply which is not prejudicial to the right of the appellant to file second Appeal before the SIC/CIC within 90 days against the decision or no decision of the FAA so far the provision of Section 19(3) of the Act and its proviso are concerned. So, even if you appeared the hearing on 25th August, 2025 before the FAA and hearing ended with no decision or favourable decision, you are not barred by limitation and still have requisite time to file 2nd Appeal before the SIC or the CIC, as the case may be. Instead, non-appearance of a hearing fixed by FAA may potentially go against the appellant based on the note sheet of the day's proceedings recorded by the FAA. As per the provision of the Section 22, the Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.