In short. File the RTI application with the PIO of the public authority with a ₹10 fee (Central rules; free for BPL applicants). The PIO must reply in 30 days, or 48 hours where life or liberty is involved. First appeal: within 30 days to the First Appellate Authority. Second appeal: within 90 days to the CIC or the State Information Commission.
This post walks through the three stages in order: the application, the first appeal and the second appeal, with the time limits, the documents and the mistakes that get appeals dismissed. It is written for people who want records from a government office for a real purpose: a pension file, a promotion decision, the status of a complaint, a building sanction, a recruitment result.
Many people use RTI to collect papers before going to court. If that is your plan, read it alongside our posts on writ petitions in the Delhi High Court and filing an original application before the CAT, because the RTI reply often becomes the key annexure.
- Law
- Right to Information Act 2005
- Application fee
- ₹10 under the Central rules; nil for BPL
- Reply time
- 30 days; 48 hours for life or liberty
- First appeal
- Within 30 days, to the First Appellate Authority
- Second appeal
- Within 90 days, to the CIC or State Commission
- Penalty on PIO
- ₹250 a day, up to ₹25,000 (section 20)
How do you file an RTI application?
You write to the Public Information Officer of the public authority that holds the record, describe the information you want, pay the fee and keep proof that it was received. Section 6 of the Right to Information Act 2005 allows the application in writing or electronically, in English, Hindi or the official language of the area. You do not have to give reasons or explain why you want the information (section 6(2)), and you only need to give enough contact details for the reply to reach you.
Only citizens of India have the right under section 3. A company or society cannot apply in its own name in the strict sense, but a director or office-bearer can apply as a citizen. Non-resident Indians who are citizens can apply, and central public authorities accept online applications and fees from abroad through the government RTI portal.
The right is to information held by or under the control of a public authority. Information means records, documents, emails, file notings, opinions, advices, circulars, orders, logbooks, contracts, samples and data in electronic form. It also covers information about a private body that a public authority can access under any law, which is how people get, for example, records a regulator holds about a company.
Which office and which PIO should you write to?
Write to the PIO of the office that actually holds the file. Every public authority must designate PIOs, and most publish their names and addresses on their websites under the proactive disclosure duty in section 4. Public authorities include ministries and departments, government companies, municipal bodies, police, universities, public sector banks and bodies substantially financed by the government.
If you write to the wrong office, the PIO must transfer the application, or the relevant part of it, to the right public authority within five days and tell you (section 6(3)). In a large organisation you can also hand the application to an Assistant PIO at a sub-divisional or district office, who forwards it; the time limit then increases by five days.
In Delhi NCR the split matters for the appeal later. Central Government offices, central public sector undertakings and offices of the Delhi Government, Delhi Police and Delhi's municipal bodies come under the Central Information Commission. Uttar Pradesh offices, including those in Noida and Ghaziabad, come under the Uttar Pradesh State Information Commission. Haryana offices, including Gurugram, come under the Haryana State Information Commission.
RTI time limits at each stage
These are the outer limits under the Act. Mark each date on the day you file; missing a limit is the most common reason people lose an appeal.
| Stage | Time limit | Section | If the limit is missed |
|---|---|---|---|
| PIO's reply to an application | 30 days from receipt | 7(1) | Treated as refusal; information must then be given free |
| Information about life or liberty | 48 hours | 7(1) | Go straight to the First Appellate Authority |
| Application through an Assistant PIO | 35 days | 5(2) | As above |
| Information involving a third party | 40 days | 7(1), 11 | As above |
| Transfer to the correct public authority | 5 days | 6(3) | Delay counts against the transferring PIO |
| Filing the first appeal | 30 days from the reply or from the date the reply was due | 19(1) | Delay can be condoned for sufficient cause |
| Decision of the first appeal | 30 days, up to 45 days with written reasons | 19(6) | File the second appeal |
| Filing the second appeal | 90 days from the first appeal decision or the date it was due | 19(3) | Commission may admit late appeals for sufficient cause |
What does an RTI application cost?
Under the Right to Information Rules 2012, which apply to central public authorities, the application fee is ₹10. Copies cost ₹2 per A4 page, inspection of records is free for the first hour and ₹5 for each further hour, and information on a CD or other medium is charged at the rates in the rules. Applicants below the poverty line do not pay any fee if they attach proof (section 7(5)).
States make their own rules. Delhi Government departments and the Uttar Pradesh rules also charge a ₹10 application fee, but the payment modes and copy charges differ, and some states charge more. Check the current rules of the state before you send the application, and if the PIO asks for a further fee, he must show how it was calculated.
If the PIO does not reply within the time limit, section 7(6) says the information must be supplied free of charge. Keep that in mind when a late reply comes with a demand for copying charges.
How to write and file an RTI application, step by step
Pin down the office and the record
Work out which office makes the decision or keeps the file. Note any reference you have: file number, letter number, application or complaint number, dates, names of posts. The more precisely you describe the record, the harder it is to say it cannot be found.
Frame each request as a demand for a record
Ask for copies of documents, not for opinions or explanations. Write 'certified copy of the file notings on my representation dated 3 March 2026' rather than 'why has my representation not been decided'. Number each item.
Keep it short and on one subject
The Central rules say an application should ordinarily not exceed 500 words, though it cannot be rejected on that ground alone. The UP rules cap it at 500 words. One subject per application avoids a reply that answers the easy half.
Pay the fee and file
For central public authorities, the government RTI online portal accepts the application and fee together. For offline filing, send the application with a postal order or demand draft by speed post, or hand it over and get a receipt. Delhi Government and UP departments have their own online portals.
Keep proof and diarise
Save the online registration number or the postal receipt and tracking report. Diarise day 30 for the reply and day 60 as the outer limit for the first appeal if no reply comes.
Read the reply against your numbered requests
Mark each item as answered, partly answered, refused with a reason, or ignored. Note the name of the First Appellate Authority, which the PIO must give in the reply under section 7(8).
How to frame RTI questions so they actually get answered
The Act gives access to information that exists. It does not oblige the PIO to create information, give opinions, interpret rules or answer 'why' and 'when will' questions. A request that reads like a complaint usually gets a reply saying it is not information under section 2(f). Turn each question into a request for the record that would answer it.
Three formats work well. The first is a copy of a specific document or file, with the notings, which shows who handled your matter and what each person wrote. The second is the status and daily progress of a particular application, which forces the office to produce the movement record. The third is inspection of a file under section 2(j), followed by copies of the pages you mark, which avoids guessing what is in it.
When Advocate B.K. Singh prepares RTI applications before a service or pension case, he asks for the file notings and the minutes of the meeting that decided the matter rather than the final order alone. The final order rarely shows the reasoning; the notings often show whether the rule the department now relies on was even considered.
What information can be refused? Section 8 and 9 exemptions
Section 8(1) lists the grounds on which information can be withheld: information affecting sovereignty, security or strategic interests; information a court has forbidden from publication; breach of privilege of Parliament or a legislature; commercial confidence and trade secrets; information held in a fiduciary relationship; information received in confidence from a foreign government; information that would endanger life or reveal a source; information that would impede investigation, arrest or prosecution; and Cabinet papers until the decision is taken. Section 9 allows refusal where disclosure would infringe copyright of a person other than the State.
Personal information is the ground used most often. From November 2025, section 44(3) of the Digital Personal Data Protection Act 2023 amended section 8(1)(j) so that it now exempts information which relates to personal information, without the earlier test of whether larger public interest justified disclosure. Section 8(2), which allows disclosure where public interest outweighs the harm to protected interests, remains in the Act, and how the two provisions work together is likely to be argued before the Commissions and courts. Information about yourself is a different matter: your own service record, your own complaint file and your own assessment are generally given to you.
Section 8(3) says that information about an event that took place twenty years before the request must be given, subject to some exceptions. Section 24 excludes the security and intelligence organisations listed in the Second Schedule, except for information about allegations of corruption and human rights violations. When a PIO refuses, he must cite the section and give reasons; a bare 'denied under section 8' is itself a ground of appeal.
The sections you will cite in an RTI appeal
Sections 2(f), 2(h) and 2(j)
Definitions of information, public authority and the right to information, which includes inspection of works, documents and records, taking notes and certified copies.
Section 6
The application, no reasons required, and transfer to the right public authority within five days.
Section 7
Thirty days to decide, 48 hours for life or liberty, deemed refusal on silence, free information if the time limit is missed, and the duty to give reasons and appeal details when rejecting.
Sections 8, 9 and 11
Exemptions, copyright of private persons, and the procedure for third-party information, where the third party is given a chance to object.
Section 18
Complaint directly to the Commission, for example where no PIO has been appointed, the application was refused, there was no reply, the fee demanded is unreasonable or the information given is false or incomplete.
Section 19
First appeal to the officer senior to the PIO, second appeal to the Commission, burden on the PIO to justify refusal (section 19(5)) and the Commission's powers to order disclosure and compensation (section 19(8)).
Section 20
Penalty of ₹250 a day on the PIO for refusal, delay, malafide denial or destruction of information, up to ₹25,000, after hearing the PIO, and recommendation of disciplinary action for persistent default.
What if the PIO does not reply in 30 days?
Silence is treated as refusal. Section 7(2) says that if the PIO fails to give a decision within the time limit, he is deemed to have refused the request. You do not need to send reminders; you can go straight to the first appeal once the 30 days, or 35 or 40 days where they apply, have passed.
Count from the date the PIO received the application, not the date you posted it. That is why delivery proof matters. If the application was transferred under section 6(3), the 30 days run from the date the second public authority received it.
You also have the option of a complaint under section 18 to the Commission for non-response. The complaint can lead to a penalty on the PIO, but the Supreme Court has held that on a complaint the Commission cannot direct the information to be supplied; for that you need the appeal route. Most people therefore file the first appeal and keep the complaint in mind for persistent default.
How to file an RTI first appeal
The first appeal goes to the First Appellate Authority, an officer senior in rank to the PIO in the same public authority, under section 19(1). File it within 30 days from the date you received the PIO's reply, or from the date the reply was due if none came. The appellate authority can admit a late appeal if you show sufficient cause, so a short delay is not fatal, but explain it in the appeal itself.
No fee is charged for a first appeal under the Central rules, and the UP rules also charge nothing; check the state rules elsewhere. The appeal should identify the RTI application and its date, the PIO's reply or the fact of no reply, and, item by item, why the reply is wrong: no reply, incomplete information, wrong exemption, no reasons, excessive fee, or wrong transfer. End with exactly what you want: supply of items 2, 4 and 5 free of cost, inspection of the file, and so on.
The First Appellate Authority must decide within 30 days, extendable to 45 days with written reasons (section 19(6)). Many offices give a hearing, sometimes by phone or video. Attend if you can, bring your numbered list, and ask for the order to record which items are to be supplied and by when.
What to attach to the first and second appeal
Commissions return second appeals that do not have the earlier papers. Keep a single folder from the day you file the application.
First appeal
- Copy of the RTI application
- Proof of fee payment and proof of delivery or online registration number
- Copy of the PIO's reply, if any
- Any transfer letter under section 6(3)
- A short statement of grounds, item by item
Second appeal
- Everything in the first appeal folder
- Copy of the first appeal and proof of its delivery
- Copy of the First Appellate Authority's order, if any
- Names and addresses of the PIO and the First Appellate Authority
- Grounds of second appeal and the relief sought, with an index of documents and a verification
If you seek a penalty or compensation
- A specific request for penalty under section 20 and the reasons
- Details of any loss or detriment for compensation under section 19(8)(b)
- Earlier applications showing a pattern of non-response, if any
How to file the second appeal before the CIC or State Information Commission
The second appeal goes to the Central Information Commission for central public authorities and, in Delhi, for the Delhi Government and its bodies, and to the State Information Commission for state public authorities, under section 19(3). File it within 90 days from the date the first appeal was decided or should have been decided. The Commission can admit a late appeal for sufficient cause.
The CIC accepts second appeals and complaints online and by post, and the State Commissions have their own systems; the UP Commission sits at Lucknow, and several Commissions now hold hearings by video. The Central rules list what a second appeal must contain: your details, the details of the PIO and the First Appellate Authority, the order appealed against, the facts, the prayer and the grounds, with copies of the earlier papers. A second appeal filed without a first appeal is usually returned.
At the hearing, the burden is on the PIO to justify a refusal (section 19(5)). Hearings are short and practical. The Commissioner usually asks what you want, what the PIO says, and decides item by item. Waiting time for a hearing varies a great deal between Commissions and over time, from a few months to considerably longer, so file promptly.
Second appeal or section 18 complaint: which should you file?
File a second appeal when your aim is to get the information. Only in an appeal can the Commission direct the public authority to supply it. File a complaint under section 18 when the problem is the conduct of the office: no PIO appointed, an application refused at the counter, a false reply, or a pattern of ignoring applications. A complaint can lead to a penalty and directions to fix the system, but not to an order to give you the documents.
You can ask for both in the second appeal: supply of the information under section 19(8) and penalty under section 20 for the delay. The Commission decides penalty after a show cause notice to the PIO. The penalty goes to the government, not to you; what can come to you is compensation under section 19(8)(b) for loss or detriment, which is ordered only where you show real loss.
A made-up example: a retired employee's pension file
Here's a made-up example. Mrs. Sharma retired from a central government office in New Delhi. Her pension was fixed lower than she expected, and she suspects a past increment was ignored. In April she files an RTI application online asking for certified copies of the pension calculation sheet, the file notings on her pension case and the order on her service book entry for the year in question.
No reply comes within 30 days. In June she files a first appeal pointing out deemed refusal under section 7(2) and asking for the documents free under section 7(6). The First Appellate Authority directs supply within fifteen days. She receives the calculation sheet but not the notings, with a note that the file is with another section.
In August she files a second appeal before the CIC, attaching the application, the first appeal, the order and the partial reply, and asks for the notings and a penalty for the delay. At the hearing the Commission directs the notings to be supplied within three weeks and issues show cause to the PIO. The notings show that the increment was never entered. She now has the papers she needs for a representation and, if that fails, an application before the tribunal.
Using RTI replies in court and in tribunals
RTI replies are often the backbone of a writ petition or a CAT application. A certified copy of an official record supplied by a PIO is a copy of a public document and can be filed in court, and courts regularly rely on file notings and minutes obtained this way. Ask for certified copies, not plain photocopies, when you know the document will be used in litigation.
RTI is not a substitute for court procedure in a pending case. Records of a pending court case are obtained under the court's own rules, by inspection or certified copy application, and some public authorities refuse information about matters under investigation under section 8(1)(h). If your dispute is already in court, ask the court for production of documents instead.
In service and pension matters that come to Advocate B.K. Singh, the RTI application is usually filed before the representation, not after. The department then answers the representation knowing that its own file is already on record, and if the case goes to the tribunal the documents are already in hand. Our page on service law and CAT practice explains where these disputes go next.
After the Information Commission: can you go to the High Court?
The Act provides no appeal beyond the Commission. Section 23 bars civil suits about orders under the Act, but it cannot bar the writ jurisdiction of the High Courts. A party unhappy with a Commission's order, whether the applicant or the public authority, can file a writ petition under Article 226 before the High Court. Public authorities often do this when ordered to disclose information they consider exempt.
A writ against a Commission order is worth filing only on a real legal point: a wrong reading of an exemption, a breach of natural justice, an order beyond the Commission's power. Courts do not re-hear the facts. If the Commission's order is in your favour and the office still does not comply, write to the Commission first; it can issue further directions and initiate penalty proceedings. For the writ route itself, see our post on writ petitions in the Delhi High Court, and for broader issues of public importance, public interest litigation.
Common RTI mistakes that get applications and appeals rejected
- Asking why instead of asking for records. 'Why was my file delayed' gets a refusal; 'copy of the file notings from 1 January to 30 June' gets documents.
- Writing to the wrong office and not tracking the transfer. Note the date of any transfer letter, because the 30 days restart from the second office's receipt.
- No proof of delivery. Without it, you cannot prove when the 30 days began.
- Skipping the first appeal. Commissions usually return a second appeal filed without one.
- Missing the 30-day and 90-day appeal windows without explaining the delay. If late, give the reason in the appeal itself.
- Seeking other people's personal information. Since November 2025 such requests face the amended section 8(1)(j); ask for your own records or for information about decisions and rules instead.
- Accepting a partial reply as complete. Check each numbered item against the reply before the appeal window closes.
- Using RTI to argue a grievance. The Commission decides access to information, not the merits of your dispute with the department.
RTI checklist before you send the application
- I have identified the public authority and the PIO who holds the record.
- Each request is numbered and asks for a document, file, notings, data or inspection.
- I have given file numbers, dates and references wherever I have them.
- The application is on one subject and roughly within 500 words.
- The fee is attached or paid online, or BPL proof is attached.
- I have asked for certified copies if the documents may be used in court.
- I have kept a copy, the fee receipt and the delivery proof or registration number.
- I have marked day 30 for the reply, day 60 for the first appeal and noted the appellate authority's name.
When to take advice
Most RTI applications need no lawyer. Advice helps when the information is meant for litigation, when a PIO has refused on a section 8 ground that looks doubtful, or when the documents you get show a case that has to be filed within a limitation period. People who cannot afford a lawyer for the case that follows may qualify for help from a legal services authority; see our post on free legal aid eligibility.
If you would like the RTI reply and your next step looked at together, you can send the papers to B.K. Singh & Associates through the online enquiry page, and you can read about Advocate B.K. Singh's practice before you do.
Frequently asked questions
Can I file an RTI application online?
Yes. Central ministries and departments accept applications and fees through the government RTI online portal, and Delhi and UP Government departments have their own portals. Keep the registration number, because it is your proof of filing.
What if the PIO asks me why I want the information?
You do not have to say. Section 6(2) says no reason is required, apart from contact details needed to reach you. A refusal because you did not give a reason is a ground for first appeal.
Is there a fee for an RTI first appeal?
No fee is charged for first appeals under the Central rules or the UP rules. Some states have different rules, so check the state rules before filing elsewhere.
Can I file a second appeal without filing a first appeal?
Generally no. The Commissions expect the first appeal to be used first and usually return a second appeal filed without it. A complaint under section 18 is a separate route for non-response.
How long does the CIC take to decide a second appeal?
It varies with the Commission's pending load and changes over time. Some appeals are heard within a few months, others take longer. File promptly and keep your papers complete so the hearing is not adjourned.
Can I get information about another person under RTI?
Personal information about another person is now exempt under the amended section 8(1)(j), in force since November 2025. Information about official decisions, rules and public functions is not personal information and can still be sought.
Does RTI apply to private companies and private schools?
Not directly, unless the body is owned, controlled or substantially financed by the government. Information about a private body that a public authority can access under law, such as a regulator's records, can be sought from that public authority.
Can the PIO be fined for not replying?
Yes. Under section 20 the Commission can impose ₹250 a day, up to ₹25,000, after hearing the PIO. The penalty goes to the government, while compensation for loss can be ordered for the applicant under section 19(8)(b).
Can I ask for inspection of a file instead of copies?
Yes. Section 2(j) includes inspection of records. It is useful when you do not know what a file contains; you inspect, then ask for copies of the pages you mark.
Can I use RTI to get documents in a pending court case?
Court records are obtained under the court's own rules by inspection or certified copy application. Information about a matter under investigation may be refused under section 8(1)(h), so in a pending case ask the court for production of documents.
Which commission hears RTI appeals for Noida and Ghaziabad offices?
Uttar Pradesh government offices, including those in Noida and Ghaziabad, come under the UP State Information Commission at Lucknow. Central Government offices located there still come under the Central Information Commission.
Can I challenge an Information Commission order?
There is no further appeal under the Act, but a writ petition under Article 226 lies before the High Court. It is worth filing only on a legal error, such as a wrong reading of an exemption or a breach of natural justice.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.