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Within how many days must the First Appeal be filed?

16-Jun-2025
R.T.I

Answer By law4u team

Under the Right to Information (RTI) Act, 2005, the First Appeal must be filed within 30 days from the date on which the applicant either receives an unsatisfactory reply from the Public Information Officer (PIO) or when the time limit for receiving a reply expires. Detailed Explanation: 1. Time Limit to File First Appeal: Section 19(1) of the RTI Act states: "Any person who does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO), may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal..." So, the first appeal must be filed within: 30 days from the date of receipt of the reply, or 30 days from the expiry of the time limit for the PIO to respond (which is 30 days from the RTI request, or 48 hours in case of life and liberty matters). 2. Extension in Special Cases: The Appellate Authority may entertain the appeal even after 30 days if the appellant shows sufficient cause for delay. This is at the discretion of the authority. 3. Where to File: The first appeal is filed before the First Appellate Authority (FAA) — a senior officer designated in the same public authority above the PIO. 4. Format: The appeal can be filed in writing or online (where applicable) and should include: Name and address of the appellant Details of the RTI application and reply (if any) Reasons for dissatisfaction or non-receipt of reply Supporting documents such as copy of RTI request and PIO’s reply Conclusion: The First Appeal under RTI must be filed within 30 days from the date of receipt of the PIO's reply or the expiry of the statutory period (30 days). Delay may be condoned if justified.

Answer By Ayantika Mondal

Dear Client, The First Appeal under the Code of Civil Procedure, 1908 is to be filed within a certain time limit depending upon the case nature and court: In regular civil cases, the First Appeal is to be filed within 30 days from the date of the order or decree. If the decree is issued by a civil court in a suit (e.g., from a District Court or Civil Judge), the period of limitation is 90 days from the date of decree. This time period is available under Article 116 of the Limitation Act, 1963: 90 days for appeals from a decree or order to a High Court. 30 days for filing appeals to any other court (such as District Court) from a decree or order. But courts may excuse the delay under Section 5 of Limitation Act if the appellant proves sufficient reason for not availing of the same period. In State of Nagaland v. Lipok AO [(2005) 3 SCC 752], the Supreme Court ruled that the courts must apply a liberal approach while considering this sort of delay, but the cause must be real. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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