What Is the Time Limit for Reply to an RTI First Appeal?
The RTI Act clearly fixes a strict time limit for disposal of a First Appeal by the First Appellate Authority (FAA). This is not optional or flexible by default—it is a legal obligation.
Under the RTI Act, the First Appellate Authority must decide the appeal within 30 days from the date the appeal is received. This time limit exists to prevent unnecessary delays and harassment of RTI applicants.
Key points every applicant should know:
- Standard time limit: 30 days from receipt of First Appeal
- Maximum allowed time: 45 days (only with written reasons)
- No reply within this period = deemed delay
If the authority does not pass a reasoned order within this time, it is considered a procedural lapse, strengthening the applicant’s case in further legal steps.
From Which Date Is the RTI First Appeal Time Limit Counted?
One of the most common mistakes applicants make is counting the time limit incorrectly. The RTI First Appeal time limit does not start from filing the RTI, but from the date the First Appeal is received by the Appellate Authority.
The counting of days depends on the mode of filing:
- Online First Appeal: Date shown on the RTI portal as “submitted”
- Speed Post / Registered Post: Date of delivery to the authority
- Hand submission: Date stamped on acknowledgment receipt
Important clarification:
- The authority cannot delay counting by claiming “late processing”
- Holidays are included in the count unless officially excluded
- Silence from the department does not stop the clock
Applicants should always keep proof of submission, as this becomes crucial evidence if the appeal is ignored or delayed.
Facing RTI delays or ignored replies? RTIwala forces official accountability and written proof —
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://help.rti.link
🌐 www.rtiwala.com
What If No Reply Is Received Within the RTI First Appeal Time Limit?
If no reply is received within 30 days (or 45 days with reasons), the law treats it as a failure of duty by the Appellate Authority. This is not a minor delay—it has legal consequences.
When the time limit expires without any order:
- The appeal is treated as deemed rejected
- The applicant gains the right to file a Second Appeal
- Delay itself becomes a strong ground before the Information Commission
Practical implications for applicants:
- No need to wait endlessly for a reply
- Silence does not weaken the RTI case
- Delay strengthens accountability arguments
Many applicants lose time because they assume “no reply” means they must wait longer. Legally, waiting beyond the time limit is not required and often harms the applicant’s case.
Why This Matters for RTI Applicants
Understanding these timelines protects applicants from:
- Endless follow-ups with no response
- Verbal excuses by officials
- Missed deadlines for Second Appeal
RTI works only when time limits are enforced, and knowing these limits shifts power back to the applicant.
Can the RTI First Appeal Time Limit Be Extended by the Authority?
Yes, but only in very limited circumstances. The RTI Act allows the First Appellate Authority to extend the reply time from 30 days up to a maximum of 45 days, and even this is not automatic.
The extension is legally valid only if:
- The authority records written reasons for the delay
- The reasons are mentioned in the appeal order itself
- The total time does not exceed 45 days
Important facts applicants must know:
- There is no provision beyond 45 days
- Verbal explanations or internal delays are invalid
- “Workload” or “file pending” is not a legal justification
If the authority takes more than 45 days without issuing a reasoned order, the delay becomes illegal and strengthens the applicant’s position in the Second Appeal.
Facing RTI delays or ignored replies? RTIwala forces official accountability and written proof —
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://help.rti.link
🌐 www.rtiwala.com
What Action Can an Applicant Take After RTI First Appeal Delay?
Once the First Appeal time limit expires, the applicant is not helpless. The RTI Act provides clear remedies, and delay itself becomes a legal ground.
After delay or no reply, the applicant can take the following actions:
- Prepare for Second Appeal immediately
- Use delay as a procedural violation ground
- Attach proof of First Appeal submission and timeline
Practical steps applicants should follow:
- Calculate exact expiry of 30 or 45 days
- Do not wait for informal communication
- Preserve postal receipts, portal acknowledgments, and screenshots
Many applicants waste months sending reminders. Legally, reminders are optional, but Second Appeal is the enforceable remedy. Delay reflects non-compliance, not applicant fault.
RTI Second Appeal Time Limit If First Appeal Is Ignored or Delayed
When the First Appeal is ignored, the RTI Act allows the applicant to approach the Information Commission through a Second Appeal.
The Second Appeal must be filed:
- Within 90 days from the date when the First Appeal decision should have been made
- Not from the date of filing First Appeal, but from expiry of the legal time limit
Key clarification:
- If 30 days apply → count 90 days after day 30
- If extended to 45 days → count 90 days after day 45
Important points applicants often miss:
- Waiting indefinitely weakens urgency
- Delay by authority does not extend applicant’s deadline
- Commissions expect applicants to act within time
Late Second Appeals may still be accepted, but applicants must then explain the delay—which creates unnecessary risk.
Why Acting on Time Is Critical
Timely action ensures:
- Stronger credibility before the Information Commission
- Clear evidence of authority’s non-compliance
- Higher chance of direction, penalty, or compensation
RTI is a time-bound law, and applicants who understand timelines hold the procedural advantage.
Common Reasons for RTI First Appeal Delay and How to Handle Them
1. Appeal File Kept Pending Without Any Order
One of the most frequent tactics is simply doing nothing. The First Appellate Authority receives the appeal but does not pass any written order within 30 or 45 days.
How applicants should handle this:
- Treat silence as deemed rejection
- Do not wait for reminders or phone calls
- Calculate exact expiry date and prepare Second Appeal
- Attach proof showing no order was issued
Legally, inaction itself is a violation. Waiting beyond the time limit weakens urgency and gives the authority unnecessary advantage.
2. Authority Claims “Heavy Workload” or “Administrative Delay”
Many applicants receive informal explanations such as staff shortage, workload, or internal approvals pending. These reasons are not recognized under the RTI Act.
How applicants should handle this:
- Ignore verbal or informal explanations
- Check whether a written order with reasons exists
- Proceed with Second Appeal after 45 days
- Mention “no legally valid extension granted” clearly
Administrative inconvenience does not override statutory timelines. Only written, reasoned orders matter legally.
3. First Appellate Authority Is the Same Officer or Subordinate
In several departments, the FAA is either the same officer as the PIO or a direct subordinate, resulting in conflict of interest and intentional delay.
How applicants should handle this:
- Highlight lack of independent adjudication
- Emphasize institutional bias in Second Appeal
- Attach both RTI reply and First Appeal copy
- Focus on procedural failure, not personal allegations
Information Commissions take such structural issues seriously when backed by clear timelines and documents.
4. Appeal Returned or Ignored Due to “Technical Defects”
Authorities sometimes delay by claiming missing enclosures, incorrect format, or procedural defects—often without formal communication.
How applicants should handle this:
- Check whether any defect notice was issued in writing
- If no written intimation exists, delay remains unjustified
- Mention “no opportunity to rectify defects given”
- Do not refile unless officially directed
Silent rejection on technical grounds is legally unsustainable and strengthens the applicant’s case.
5. Partial or Irrelevant Order Passed After Delay
Another common tactic is passing an order after the deadline, often vague or non-speaking, to appear compliant.
How applicants should handle this:
- Check the date of the order carefully
- If beyond 30/45 days, mention “time-barred order”
- Point out lack of reasoning or non-application of mind
- Still proceed with Second Appeal on delay + merit
Late or incomplete orders do not cure procedural violations already committed.
6. No Acknowledgment of First Appeal Receipt
Some applicants are told the appeal was “not received” despite submission proof. This is a delay tactic aimed at resetting timelines.
How applicants should handle this:
- Preserve delivery proof or portal acknowledgment
- Use tracking screenshots or postal confirmation
- Clearly mention “appeal duly received on ___ date”
- Do not refile unless receipt is genuinely disputed
Proof of receipt fixes accountability and prevents timeline manipulation.
Facing RTI delays or ignored replies? RTIwala forces official accountability and written proof —
📞 Call: +91-7999-50-6996
💬 WhatsApp: https://help.rti.link
🌐 www.rtiwala.com
Why Handling Delay Correctly Matters
Applicants who respond correctly to delays gain:
- Strong procedural grounds before the Commission
- Higher credibility as a vigilant RTI applicant
- Better chances of direction, warning, or penalty
RTI delays are not just inconvenience—they are evidence of non-compliance when documented properly.
Frequently Asked Questions (FAQs): RTI First Appeal Reply Time Limit
1. What is the legal time limit for disposal of an RTI First Appeal?
The First Appellate Authority must decide an RTI First Appeal within 30 days from the date of receipt. This can be extended up to 45 days only with written reasons recorded in the order.
2. From which date is the RTI First Appeal reply time counted?
The time limit is counted from the date the First Appeal is received by the Appellate Authority, not from the RTI filing date. Online submission date or postal delivery date is considered valid.
3. What happens if no reply is received within 30 or 45 days?
If no order is passed within the prescribed time, the appeal is treated as deemed rejected, and the applicant gets the legal right to file a Second Appeal before the Information Commission.
4. Can the First Appellate Authority extend the reply time beyond 45 days?
No. The RTI Act does not allow any extension beyond 45 days. Any delay after this period, without a reasoned order, is considered a violation of the Act.
5. Is it mandatory to wait for a First Appeal reply before filing a Second Appeal?
No. If the legal time limit expires without a reply, the applicant does not need to wait further and can directly file a Second Appeal based on delay.
6. What is the time limit for filing a Second Appeal if the First Appeal is ignored?
A Second Appeal must be filed within 90 days from the date when the First Appeal decision should have been made, i.e., after expiry of 30 or 45 days.
7. Does a delayed or late First Appeal order stop the Second Appeal?
No. If the First Appeal order is passed after the legal deadline, it does not cure the delay. The applicant can still file a Second Appeal citing procedural violation and delayed decision.
