Who is the First Appellate Authority (FAA)?

Law4u App Download
Answer By law4u team

The First Appellate Authority (FAA) is an official designated under the Right to Information (RTI) Act, 2005, to hear and decide appeals against decisions made by Public Information Officers (PIOs) regarding requests for information. Here is a detailed explanation: 1. Role and Function of the FAA When a citizen files an RTI application to obtain information and the Public Information Officer (PIO) either refuses to provide information, provides incomplete information, or does not respond within the stipulated time, the citizen can file a first appeal. This first appeal is filed with the First Appellate Authority (FAA), who is an officer senior to the PIO within the same public authority. The FAA's responsibility is to review the PIO's decision or inaction and pass appropriate orders to ensure compliance with the RTI Act. 2. Appointment of FAA The Head of the Public Authority (such as a Department Head, Ministry Secretary, or equivalent) appoints the First Appellate Authority. The FAA is usually a senior officer who has jurisdiction over the PIO and is empowered to address complaints or disputes arising from RTI requests. 3. Powers of the FAA The FAA can direct the PIO to provide the requested information. The FAA can reject frivolous or vexatious appeals. The FAA may recommend disciplinary action against PIOs for non-compliance or wrongful denial of information. The FAA conducts a hearing, provides an opportunity to both parties, and issues a decision within the time frame prescribed by law (usually within 30-45 days). 4. Importance of FAA in RTI Process The FAA acts as an intermediate appellate authority providing an accessible forum for grievance redressal before approaching the Central or State Information Commission. Filing a first appeal with the FAA is mandatory before a second appeal can be made to the Information Commission. Summary: The First Appellate Authority is a senior officer within a public authority who hears the first appeal under the RTI Act against the Public Information Officer’s decisions, ensuring transparency and accountability in government functioning.

Answer By Anik

Dear Client, First Appellate Authority (FAA) is the official who is authorized to entertain the appeal in terms of Right to Information (RTI) Act, 2005 in case an individual is not satisfied with the answer that has been received from the Public Information Officer (PIO) or no answer received within the stipulated time. The FAA is generally an officer of the same public office but ranking higher than the PIO. When an RTI requestee is dissatisfied with the information given being incomplete, erroneous, or refused without good reasons, or where there has been a lack of response (more than 30 days), such a requestee may prefer a first appeal before the FAA within 30 days from the date of receipt of the decision of the PIO or the date of expiry of the response time. The FAA shall dispose of the appeal in 30 to 45 days, granting due relief or guidance to the PIO if necessary. This process validates accountability within the public authority prior to approaching the Central or State Information Commission as a second appeal. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

R.T.I Related Questions

Discover clear and detailed answers to common questions about R.T.I. Learn about procedures and more in straightforward language.