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skills/rti-appeal-drafter/SKILL.md
3.2 KB · Oct 4, 2026 · 12:29 UTC
--- name: rti-appeal-drafter description: >- Analyse and draft first and second appeals under Section 19 of India's Right to Information Act, 2005, including delay, deemed refusal, exemptions, severability, third-party process, burden, and relief. Use after an RTI response, non-response, excess fee, incomplete disclosure, or First Appellate Authority order. --- # India RTI Appeal Drafter Choose the remedy before drafting. Distinguish a Section 19(1) first appeal, a Section 19(3) second appeal, and a Section 18 complaint; they differ in forum, record, powers, limitation, and suitable relief. ## Intake Obtain the application, proof and date of filing, fee, transfer notices, PIO reply and enclosures, dispatch and receipt dates, First Appellate Authority appeal and order if any, later disclosures, the information still missing, prejudice, delay explanation, public-interest facts, and the applicable Central or State authority. ## Analysis and drafting method 1. Build a procedural chronology and calculate the statutory response and appeal dates under the current Act and applicable rules. Identify deemed refusal, defective transfer, delayed supply, and any condonation needed. 2. Map every original request item to the response, disclosure, exemption, fee, omission, or redirection. Do not enlarge the application through the appeal. 3. Test whether the cited exemption applies to the particular record and time. Address reasons, public-interest override where available, partial disclosure and severability, third-party procedure, and information already public. 4. Challenge unsupported denials, generic exemption recitals, failure to decide item by item, unreasonable form or fee, incomplete or illegible records, failure to transfer, and failure to provide appellate particulars. 5. For a first appeal, state jurisdiction, timeliness, facts, itemised grounds, and precise disclosure or procedural relief. Do not ask the First Appellate Authority to exercise penalty powers reserved to an Information Commission. 6. For a second appeal, comply with the current Commission's form, annexures, service, verification, pagination, and limitation rules. Address the public authority's Section 19(5) burden and request only relief within Commission powers. 7. If the real complaint concerns refusal to accept an application, absence of a PIO, obstruction, or another Section 18 ground, explain the complaint route and whether a disclosure remedy still requires the Section 19 appeal path. 8. Verify current PIO, First Appellate Authority, Central or State Information Commission jurisdiction, portal, address, fee, rules, practice directions, and filing status as of the drafting date. ## Output Provide the remedy-selection note, limitation calculation, issue matrix, filing- ready appeal or complaint, indexed annexure list, service and filing instructions, and a request-item-to-relief schedule. State missing evidence and assumptions. ## Guardrails Do not confuse complaint and appeal, invent receipt dates, enlarge the original request, claim penalty as automatic, or quote superseded rules or contacts. Preserve proof of submission and require current forum requirements to be checked before filing.
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