First appeal for no reply after 30 days - exact grounds under RTI Act?
Starter question based on recurring Ask RTI reader problems: My central government RTI crossed 30 days yesterday. The portal still says transferred. Should my first appeal say deemed refusal, delay, or both?
Know the practical answer?
Share the record to ask for, the authority to approach, or the next appeal step.
Answers
24 answersShort answer: file the RTI to First Appellate Authority of the same public authority and ask for records, not explanations. The strongest first application asks for file movement, current stage, deficiency memo, officer responsible, and certified copies of any order or note that caused the delay.
Use this structure: - application or complaint number, date, and applicant name - current status with date of last action - copies of file notings, inspection report, or deficiency memo - name and designation of the officer holding the file now - appeal or grievance route if no action is taken
Related RTI Wiki guide: First appeal for no reply after 30 days - exact grounds under RTI Act?.
For a fuller appeal strategy, keep the RTI Book open alongside the draft: The RTI Playbook.
Do not make the RTI sound like a complaint. Write the grievance separately, then use RTI for documents. That way the authority cannot reject it as a request for action.
If the reply is vague, your first appeal should say: the PIO did not provide the specific records held by First Appellate Authority of the same public authority, did not identify the custodian, and did not cite any exemption.
Ask for certified copies where you may later use the record before an appellate authority, ombudsman, court, or department. Plain screenshots are useful, but certified copies carry more weight.
For the no-response angle, include dates. A date-wise file movement chart is often more useful than one final status line. The checklist version is in The RTI Playbook.
If the authority transfers the RTI, track the transfer date. A late or wrong transfer becomes a separate appeal ground.
Also see the RTI Book for drafting patterns: The RTI Playbook.
Keep the fee proof and delivery proof. Many strong appeals fail because the applicant cannot show the exact filing date.
The linked guide is useful here: First appeal for no reply after 30 days - exact grounds under RTI Act?. It has the cleaner wording for the first 5 questions.
For search traffic and real users, the title should stay close to the problem: authority + delay/refusal + RTI. That is also how new users will find this thread. The checklist version is in The RTI Playbook.
If the PIO says the record is not available, ask the FAA to direct a written search memo: who searched, where, on what date, and what was found.
Kashvi here. I would keep the draft simple and evidence-led.
One practical add-on: ask for the name of the appellate authority in the same RTI. Section 7(8) details are often missed in poor replies.
Also add a short line that you are not asking the PIO to create a new explanation, only to provide records already held by the public authority.
Please post the exact reply when it comes. The next step depends on whether it is a delay case, missing-record case, or exemption case.
My preferred wording is: 'Please provide certified copies of records showing the present status, file movement, reasons recorded on file, and the officer currently responsible for the matter.'
-- Shrawaaan RTI Book: The RTI Playbook
Add one narrow question for the record trail. Ask when the file entered each desk, who marked it forward, and what document is missing. That avoids the PIO saying you asked for an opinion. The checklist version is in The RTI Playbook.
Do not make the RTI sound like a complaint. Write the grievance separately, then use RTI for documents. That way the authority cannot reject it as a request for action.
If the reply is vague, your first appeal should say: the PIO did not provide the specific records held by First Appellate Authority of the same public authority, did not identify the custodian, and did not cite any exemption.
Ask for certified copies where you may later use the record before an appellate authority, ombudsman, court, or department. Plain screenshots are useful, but certified copies carry more weight.
Also see the RTI Book for drafting patterns: The RTI Playbook.
For the no-response angle, include dates. A date-wise file movement chart is often more useful than one final status line. The checklist version is in The RTI Playbook.
If the authority transfers the RTI, track the transfer date. A late or wrong transfer becomes a separate appeal ground.
Keep the fee proof and delivery proof. Many strong appeals fail because the applicant cannot show the exact filing date.
The linked guide is useful here: First appeal for no reply after 30 days - exact grounds under RTI Act?. It has the cleaner wording for the first 5 questions.
For search traffic and real users, the title should stay close to the problem: authority + delay/refusal + RTI. That is also how new users will find this thread. The checklist version is in The RTI Playbook.
Also see the RTI Book for drafting patterns: The RTI Playbook.
If the PIO says the record is not available, ask the FAA to direct a written search memo: who searched, where, on what date, and what was found.
Kashvi here. I would keep the draft simple and evidence-led.
One practical add-on: ask for the name of the appellate authority in the same RTI. Section 7(8) details are often missed in poor replies.
Also add a short line that you are not asking the PIO to create a new explanation, only to provide records already held by the public authority.
Please post the exact reply when it comes. The next step depends on whether it is a delay case, missing-record case, or exemption case.
My preferred wording is: 'Please provide certified copies of records showing the present status, file movement, reasons recorded on file, and the officer currently responsible for the matter.'
-- Shrawaaan RTI Book: The RTI Playbook
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