I filed an rti with a govt office and when they did not reply, i filed a first appellate letter. They have sent a regd postal communication to me in writing asking me to visit for a hearing in 3 days. Do i have to go? I don't want to be questioned. I want the rti reply in writing. What should I do? Should I attend? Or should I send them anything in writing insisting on proper rti response? Or wait for second appeal time and just file the second appeal ?
- Your appearance before the Appellate authority is not mandatory for the hearing of an RTI first appeal under the Right to Information Act, 2005.
- The said Appellate Authority can decide the appeal based on the records, however there is possibility that they need your appearance for knowing the details of the questions put by you.
- Hence, even if you will not appear then also they will send you the outcome of that appeal, as they are bound under the RTI Act.
not mandatory
2) send a email to the FAA stating that you do not wish to attend the hearing in person. Explicitly request that the appeal be decided on the basis of your written submissions already provided in your appeal memo.
3) Request the FAA to pass a "speaking order" directing the PIO to provide the requested information within a specific timeframe
Under the Right to Information Act, 2005, the procedure is mostly document-based, not oral. A hearing is not mandatory for the applicant. So you are not legally required to attend unless you yourself want to clarify something.
There is no provision allowing the department to force you to attend a hearing before giving the information.
You can send a reply in writing insisting that the decision on the first appeal must be given in writing, the information must be supplied as per your RTI request and a hearing cannot replace a written RTI reply.
You can send a letter in the following manner
Subject: First Appeal under RTI Act – Reg.
I refer to your notice calling me for a hearing regarding my First Appeal under the RTI Act.
Due to personal reasons I am unable to attend the hearing. I request that the appeal may kindly be decided on the basis of the records available and that the information sought in my RTI application be provided in writing as required under the RTI Act, 2005.
Kindly communicate the order of the First Appellate Authority in writing.
If you don’t want to go send a letter to be heard in your absence based on grounds of your appeal. It’s better you go and argue your appeal
Dear client,
Pursuant to the provisions of the Right to Information Act 2005, the First Appellate Authority has the authority to summon applicants for hearings when it deems appropriate in order to clarify matters. However, applicants do not have to attend the hearing. Applicants have the right to request and receive information in writing.
If you do not wish to attend the hearing, you may submit a written response via email or registered mail to the First Appellate Authority stating that you are unable to attend the hearing due to other commitments, and request that the appeal be considered based on the written record. You should also specify in your request that you still prefer to receive the information in writing as you will have indicated in your original RTI application.
It would be wise to retain a copy of this correspondence for your own records. The authority must then issue a decision with respect to your first appeal. If you receive an adverse decision or no decision is rendered within the time required by law, you may then file a second appeal with the Central Information Commission or with the appropriate State Information Commission.
As such, attendance at the hearing is optional. Submitting a written request for a decision to be made based on the written record and awaiting a decision from the First Appellate Authority is a reasonable step before filing a second appeal.
If you have any query please feel free to contact us
Under the Right to Information Act, 2005, an applicant is not legally required to attend a personal hearing in order to receive information. The Public Information Officer (PIO) is obligated to provide the requested information in writing within the statutory time limits.
When a First Appeal is filed under Section 19(1) of the RTI Act, the First Appellate Authority may sometimes call the applicant for a hearing to clarify issues. However, your physical presence is optional. The authority must still decide the appeal and pass a written order within the prescribed period (generally within 30–45 days).
If you do not wish to attend the hearing, the safest course is to send a written reply to the First Appellate Authority (by email or registered post) stating that:
• You may not be able to attend the hearing in person.
• You request that the appeal be decided based on the written RTI application and records.
• You request that the information be supplied in writing as required under the RTI Act.
This ensures that your position is on record and avoids any allegation that you ignored the proceedings.
If the authority still fails to provide information or pass a reasoned order within the statutory time, you can file a Second Appeal under Section 19(3) before the State Information Commission or Central Information Commission (depending on the department involved).
In practical terms, the recommended steps are:
The RTI process is document-based, so you cannot be compelled to appear personally just to obtain the information.
You may send them a response, saying that you are not in a position to attend any hearing in-person, and only desire the answers to your questions in writing.
Under the provisions of the Right to Information Act, 2005, a first appeal is decided by the First Appellate Authority (FAA) on the basis of the RTI application, the reply of the Public Information Officer (if any), and the grounds raised in the appeal. The FAA may, at his discretion, call the appellant for a hearing, but your personal appearance is not mandatory unless you wish to attend.
1. Whether you are legally required to attend the hearing
You are not legally bound to attend the hearing. The FAA can decide the appeal based on the written record. Many RTI appeals are decided without the appellant being physically present.
If you do not wish to appear, you can simply request that the matter be decided on the basis of written submissions.
2. Your right to receive information in writing
Under the RTI law, the information sought must normally be supplied in writing or in the form requested. Calling you for a hearing cannot substitute the obligation to provide a written reply to the RTI application.
Therefore, your insistence on receiving a written response to the RTI queries is legally justified.
3. Recommended practical step
It would be advisable to send a short written communication (email or speed post) to the First Appellate Authority stating that:
You are unable to attend the hearing in person.
You request that the appeal be decided on the basis of the written record.
The authority may kindly direct the Public Information Officer to provide the information in writing as required under the RTI Act.
This keeps your position clear and avoids any allegation that you ignored the hearing notice.
4. If no proper order or information is given
If after the appeal:
No information is supplied, or
The order is unsatisfactory,
you can file a second appeal before the Central Information Commission or the State Information Commission (depending on whether the authority is Central or State) within 90 days from the date of the FAA’s decision.
5. Practical advice
Do not ignore the notice completely. Sending a brief written response requesting disposal based on written submissions is usually the safest approach. This ensures the authority cannot later claim that the appeal failed due to your non-appearance.
If you want, I can also provide a very short and effective format of reply to the First Appellate Authority that you can send immediately.
Dear Sir,
Under the RTI Act, personal attendance is not mandatory for the appellant. The FAA is legally obligated to decide the appeal based on the merits of the case and the documents provided, even if you are not present.
However, attending can sometimes be beneficial to clarify why the initial Public Information Officer (PIO) failed to provide the information.
If you do not wish to attend or be questioned, you should not simply remain silent. Instead, send a Written Submission via Registered Post or Speed Post immediately.
Sir/Madam, You are not required to have any sort of misconcecption regarding the hearing as the concerned appellate authority might be clarifying your query and requesting the concerned RTI/authority to respond you in writing.
