What to Do When Your RTI Application Gets No Response
Filed an RTI and heard nothing? You have strong legal options. Here's exactly what to do — First Appeal, Second Appeal, and the penalty the government officer can face.
You filed your RTI application. You paid the ₹10 fee, got a registration number, and waited. Thirty days passed — and nothing came back.
This is far more common than it should be. Public Information Officers (PIOs) regularly miss their statutory deadline, either through neglect or a deliberate hope that applicants will give up. Most do.
But the RTI Act, 2005 was written with exactly this situation in mind. The law gives you a clear two-stage appeals process, each with its own deadline and teeth. If you act promptly, a non-responsive PIO can face a financial penalty of up to ₹25,000 — and you still get your information.
Here is the complete guide to what you should do next.
Step 1 — Confirm the Clock Has Actually Run Out
Before filing an appeal, make sure the 30-day window has genuinely expired.
The deadline runs from the date the PIO received your application, not the date you sent it. These two dates can be different by several days, particularly if you filed by post.
- If you filed online at rtionline.gov.in: Log in and open your application. The dashboard shows the exact date your application was registered and transferred to the relevant CPIO. Use that date.
- If you filed by post: Add the transit time. If you sent the application by Speed Post on 1 May and it was delivered on 4 May, the 30-day clock started on 4 May, not 1 May. The India Post tracking page and your registered post receipt are useful here.
If 30 days have elapsed from the date of receipt and you have received no response — not even an acknowledgement of delay — you may treat the silence as a deemed refusal under Section 7(1) and proceed to the First Appeal.
Step 2 — File a First Appeal Under Section 19(1)
The First Appeal is addressed to the First Appellate Authority (FAA). The FAA is an officer senior to the CPIO within the same public authority. In practice, this is usually a Deputy Secretary, Joint Secretary, or Director in the same ministry or department. The RTI Online portal lists the FAA for each authority alongside the CPIO details.
When to file
You must file the First Appeal within 30 days of:
- The date of the PIO's decision (if one was given), or
- The expiry of the 30-day response period (if no decision was given at all),
whichever applies to your situation.
If you miss this window, the FAA can still admit your appeal if you show sufficient cause for the delay — but it is best not to rely on this. File as early as possible.
What to include
A First Appeal does not need to be a formal legal document. Write a simple letter that covers:
- Your original RTI application — attach a copy, including the registration number and date of filing
- Any response received — attach it if you got one; note "no response received" if you didn't
- The date your application was received by the PIO (from your online dashboard or postal tracking)
- Grounds for the appeal — for example: "The CPIO has failed to provide any response within the statutory 30-day period under Section 7(1) of the RTI Act, 2005. I therefore file this First Appeal under Section 19(1) and request the FAA to direct the CPIO to furnish the information sought."
- The specific information you are still seeking — restate it clearly
How to file
- Online: If you filed your original RTI at rtionline.gov.in, log in and use the First Appeal option against your application. The portal will route it to the correct FAA automatically.
- By post: Send the appeal letter by Speed Post or registered post to the FAA's address (available on the public authority's website under RTI disclosures).
What happens next
Under Section 19(6) of the RTI Act, the FAA must dispose of the appeal within 30 days of receipt. This can be extended to 45 days if the FAA records reasons in writing.
If the FAA decides in your favour, the PIO is directed to provide the information, typically within a short further period specified in the order.
Step 3 — Second Appeal to the CIC or SIC Under Section 19(3)
If the FAA also fails to respond or gives an unsatisfactory decision, you have one further escalation available: the Second Appeal to an independent statutory commission.
When to file
File the Second Appeal within 90 days of:
- The date of the FAA's decision, or
- The date on which the FAA's decision should have been made (i.e., 30 or 45 days after the FAA received your First Appeal),
whichever is earlier. Again, the commission can admit a delayed appeal if you show good cause, but prompt filing is strongly advisable.
Where to file
The correct commission depends on which government body your RTI was addressed to:
- Central Government bodies (EPFO, Indian Railways, Income Tax Department, Delhi Police, NDMC, UPSC, SSC, ECI, and all central ministries and departments): File with the Central Information Commission (CIC) at cic.gov.in.
- Delhi State Government bodies (MCD, Delhi Jal Board, Delhi Revenue Department, Directorate of Education, DTC, DUSIB, Delhi government hospitals, DERC, DPCC, and other GNCTD departments): File with the Delhi Information Commission (DIC) under Section 15 of the RTI Act.
- Other state government bodies: File with the relevant State Information Commission (SIC) of that state.
A common source of confusion: Delhi Police and NDMC are Central Government bodies, not Delhi State Government bodies, even though they operate in Delhi. Their second appeals go to the CIC, not the DIC.
How to file a Second Appeal with the CIC
- Visit cic.gov.in and register on the e-Filing portal
- Fill in the Second Appeal form — you will need your RTI registration number, FAA appeal details, and the timeline of events
- Attach: your original RTI application, the CPIO's response (or note of non-response), your First Appeal letter, the FAA's response (or note of non-response), and any supporting documents
- Submit online — there is no filing fee for Second Appeals
For Delhi State RTIs, the DIC has a similar online portal. Check the current portal address on the Delhi Government's RTI page.
Section 19(8) — What Relief Can the CIC or SIC Grant?
This is where the appeals process has real force. Under Section 19(8) of the RTI Act, the Central Information Commission or State Information Commission has wide powers when deciding a Second Appeal:
- Require disclosure: Direct the public authority to provide the information requested, in full or in part
- Impose a penalty on the PIO: Under Section 20, the commission can impose a penalty of ₹250 per day for each day after the expiry of the response period on which the information was not provided, up to a maximum of ₹25,000 — paid by the PIO personally, not the government
- Recommend disciplinary action: Recommend that the competent authority initiate proceedings against the PIO for persistent non-compliance
- Award compensation: In certain cases, direct the public authority to compensate the complainant for any loss or detriment suffered
The penalty provision under Section 20 is the sharpest instrument available. When a PIO faces a personal financial consequence, the behaviour tends to change — both in your case and in future applications.
Practical Tips to Protect Your Appeal
Keep copies of everything. Your original RTI application, the postal tracking receipt, your First Appeal letter, the FAA's order (or evidence of its absence), and every date — write them all down in a simple timeline. You will need these for your Second Appeal.
Use registered or Speed Post for anything sent by physical mail. Ordinary post has no tracking and gives the authority room to claim non-receipt. Registered post gives you a delivery record.
Note exact dates. The RTI Act is deadline-driven. The 30-day window for a First Appeal and the 90-day window for a Second Appeal are firm. Missing them doesn't end your options, but it complicates them.
File appeals promptly. Even if you feel the delay is minor, filing the moment the period expires signals to the PIO that you are tracking the timeline. Many applications that see no movement for weeks suddenly receive responses after a First Appeal is filed — the official record of an appeal is enough to prompt action in a significant number of cases.
Be specific in your grounds. When writing your appeal, reference the exact statutory provision: "The CPIO failed to respond within the period prescribed under Section 7(1) of the RTI Act, 2005. This First Appeal is filed under Section 19(1)." Precise language speeds up processing.
The Appeals Process Has Teeth — Use It
Getting no response to your RTI can feel like hitting a wall. But the law anticipated that wall and built two doors through it.
The First Appeal resolves a large share of cases on its own — often the act of filing it is enough to prompt the PIO to finally respond, because the officer now knows the matter is on record and a superior authority is watching. For cases that do reach the CIC or SIC, the commission's ability to impose a personal financial penalty on the erring officer gives the process genuine force.
The key is to act within the statutory windows and keep a clear paper trail. If you need help navigating the appeals process, RTI Sathi handles First and Second Appeals on your behalf — you describe the situation, and we take care of the rest.
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