First appeal under RTI Act to be decided by appellate authority with 30 days from the date of appeal

Question

► I had filed an appeal before first appellate authority on 21st May 2025 under Right to Information Act 2005. The said appeal is not decided till date. The appellate authority should have decided the said appeal on or before 20th June 2025 or in the extreme cases on or before 5th August 2025. Today the first appellate authority has sent me a letter requesting me to be present in person for personal hearing on 25th August 2025 in respect of my appeal dated 21st May 2025. I would like to know whether the Appellate authority has legal authority to decide the matter beyond 45 days. I also would like to know whether I should attend the personal hearing on 25th August 2025 or Am I within my rights if I right to the first appellate authority stating that the appellate authority has no legal sanction to decide the first appeal beyond 45 days. I request the concerned to provide me any case laws decided by Honble High Courts or Hon'ble Supreme court. Thanks

Answer 1

Dear Sir,

You are within your rights to refuse attending the hearing—since the authority lacks legal sanction to decide after 45 days without issuing a decision.

You may write to the FAA, politely but firmly stating that, under Section 19(1) of the RTI Act, the FAA was required to dispose within 45 days and that appointing a hearing on 25 August exceeds that statutory limit.

Indicate clearly that, if no decision is received immediately, you intend to file a second appeal with the (Central or State) Information Commission, citing deemed refusal and failure to meet statutory timelines.

First appeal under RTI Act to be decided by appellate authority with 30 days from the date of appeal

1 Answer