RTI Second Appeal Format in English: Template for Second Appeal under Section 19(3)

RTI Second Appeal Format in EnglishThere is no common RTI Second Appeal Format for Central as well as State Information Commissions. Before submitting second appeal you may check the RTI Appeal Procedure for corresponding States. However, I have provided below the sample RTI Second Appeal Format in English for Central Information Commission. You may use same RTI Second Appeal Format in English as reference to draft the second appeal before State Information Commissions that do not provide any specific format. While writing Second Appeal before State Information Commission, you may replace Central Information Commission and its Address with State Information Commission and its address, and CPIO with SPIO.

To know when and how to File Second Appeal under section 19(3) of the RTI Act, you may visit How to submit Second Appeal under RTI?

RTI Second Appeal Format in English

RTI Act do not provide any specific RTI Second Appeal Format in English. You may use below RTI Second Appeal Format in English as reference for drafting Second Appeal.

The Right to Information Act, 2005

Second Appeal before

CENTRAL INFORMATION COMMISSION

August Kranti Bhavan, Bhikaji Kama Place,

NEW DELHI – 110 066

 

Submitted under Section 19(3) of the Right to Information Act, 2005

 

In the matter of

(Appellant’s Name)

vs.

The CPIO & The Appellate Authority

 

Date of Submission:

 

INDEX OF SECOND APPEAL

Sl. No. Items Page No. (… to …)
01 Particulars of Enclosures  
02 Original Second Appeal dated …..  
03 Chronology Chart of RTI Application dated …  
04 Copy of RTI Application dated … (Annexure – A)  
05 Copy of decision of CPIO dated …, if received (Annexure -B)  
06 Copy of First Appeal dated … (Annexure – C)  
07 Copy of decision dated … of First Appellate Authority, if received (Annexure -D)  
08 Proof of mailing Copy of Second Appeal to CPIO (Annexure – E)  
09 Proof of mailing Copy of Second Appeal to First Appellate Authority (Annexure – F)  

 

Place:                                                                                                 Signature of the Appellant

Date:                                                                                                    (Name of the Appellant)

 

The Right to Information Act, 2005

Appeal before

CENTRAL INFORMATION COMMISSION

August Kranti Bhavan, Bhikaji Kama Place,

NEW DELHI – 110 066

 

Appeal No. _________________________ dated__________ [For office use only]

 

BETWEEN:

…………………………………….

……………………………………..

……………………………………. (Name and Address of Appellant)

Contact No. : …………………………………

Email ID: ……………………………………..                                                … Appellant

 

AND:

1. …………………………………

……………………………………..

……………………………………. (Name and Address of CPIO)

2. …………………………………

……………………………………..

……………………………………. (Name and Address of First Appellate Authority) …Respondents

 

APPEAL UNDER SECTION 19(3) OF THE RIGHT TO INFORMATION ACT, 2005

Here, you may mention the main reasons for submitting Second Appeal. The reasons may include NO decision of First Appellate Authority on First Appeal within specified time, complete/partial Rejection of First appeal by First Appellate Authority, Information not provided by CPIO/SPIO even after order of First Appellate Authority, etc. Example: As First Appellate Authority has rejected my Appeal without providing me opportunity of personal hearing, I hereby submit this appeal for your kind decision.

1. Brief Facts leading to the Second Appeal:

In this section you can briefly write background of the Second Appeal. For example:

1.1. If First Appellate Authority did not give her decision within 30/45 days of receipt of your First Appeal, you may write following details:

On date ……….., the Appellant submitted First Appeal dated ……….. (Annexure – A) to the Respondent No. 2, who registered the the First Appeal under Control No. ……….. . Respondent No. 2 has not given her decision on my First Appeal even after lapse of 60 days. This is complete violation of Section 19 (6) of the RTI Act, which is produced below:

“19 (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.”

1.2. If First Appellate Authority gave her decision within 30/45 days of receipt of your First Appeal but rejected your appeal, you may write following details:

CPIO/SPIO has rejected my request for information and First Appellate Authority has rejected my First Appeal without providing me opportunity of hearing, or has rejected my First Appeal without sufficient cause. The Appellant strongly believes that respondents have malafidely denied the information. This is completely against the spirit of RTI Act, 2005.

1.3. If First Appellate Authority gave her decision within specified time and ordered CPIO/SPIO to provide you information within 15 days but CPIO/SPIO didn’t complied with the order, you may write following details:

First Appellate Authority ordered CPIO/SPIO vide order No. … dated … to provide me information within 15 days of receipt of order on first appeal. But, CPIO/SPIO didn’t care to comply with the order of First Appellate Authority, undermining the Statutary Authority of First Appellate Authority. This proves that CPIO/SPIO has rejected my request for information malafidely. This is complete violation of the provisions and spirit of RTI Act.

The materials on record in para 1 of this appeal clearly show the lackadaisical approach of respondents in implementing the RTI Act. Thus, Appellant strongly believes that respondents have taken the RTI Act very casually.

2. Prayers or Relief sought: 

 The Appellant prays that the Hon’ble Commission be pleased to:

  • admit this appeal and provide me the opportunity of personal hearing while disposing of my appeal;
  • invoke its power under section 19(8)(a)(i) to direct the CPIO/SPIO to furnish the information immediately free of cost;
  • invoke its power under section 19(8)(b) to direct the public authority to compensate the Appellant for any loss or other detriment suffered;
  • invoke its power under section 19(8)(v) to direct the public authority to increase the training for its officials on the right to information on the urgent basis;
  • direct the Respondents to apply their mind carefully on the materials on record while responding to any matter pertaining to RTI;
  • invoke its power under section 19(8)(c) to impose penalty on Respondents as per Section (20)(1) of RTI Act and to recommend disciplinary action against respondents as per section 20(2) of RTI Act;
  • direct the public authority to make entry in Service Book/Annual Performance Appraisal Report of the Respondents for defying the provisions of the Act; and
  • invoke  its  powers  under  the  RTI Act  to issue any other direction or recommendation as it may deem appropriate.

3. Grounds for the Prayer or Relief:

  • The Appellant believes that Section (19) of the RTI Act permits any person to appeal before the Honorable Commission if he has been refused access to any information requested under this act or he believes that he has been given incomplete, misleading, or false information under this Act or PIO has obstructed in any manner in furnishing the information.
  • The Appellant believes that Respondents have malafidely denied the request for information. The materials on record clearly show the lackadaisical approach of respondents in implementing the RTI Act. Such actions of respondents are in non compliance with the provisions and spirit of the RTI Act. This clearly shows that respondents have taken the RTI Act very casually.
  • Right to Information finds its root in the Fundamental Right which no one is supposed to violate but respondents have done that by malafidely denying the information.
  • As these matters relate directly to compliance of the provisions of the RTI Act, the Appellant is desirous of preventing respondent’s illegitimate act of implementing the RTI Act with very casual and lackadaisical approach. Further, by not preventing the non compliance with the act, the avowed objectives  of  the  RTI  Act,  namely,  creating  an  informed  citizenry  and  ensuring  the establishment of a practical regime of transparency in Government would stand defeated.
  • The Appellant believes that there is further guidance available in the RTI Act regarding the power of the Honorable Central Information Commission to ensure compliance with the Act. Under section 25(5) of the RTI Act if it appears to the Central Information Commission that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

4. The Appellant reserves his right to make any amendment in the prayers or relief sought in this appeal letter or submit additional arguments and prayers as and when required in this case.

5. Personal Presence at hearing: YES

6. Declaration:

I hereby verify that the aforementioned facts are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority. I also declare that I have authenticated all copies attached to this Appeal. 

 

Place:                                                                                                 Signature of the Appellant

Date:                                                                                                    (Name of the Appellant)

 
The above part of RTI Second Appeal Format in English is main content of your second appeal. You should include chronological chart as provided below along with RTI Second Appeal Format in English. 
 

CHRONOLOGICAL CHART OF RTI APPLICATION

dated ……. of Mr. (Appellant’s Name)

 
Sl. No. Detail of Events Date
01 RTI Application submitted on  
02 CPIO replied to the RTI Application on  
03 First Appeal Filed on  
04 First Appelllate Authority gave her decision on  
05 Copy of Second Appeal mailed to CPIO on  
06 Copy of Second Appeal mailed to First Appellate Authority on  
07 Second Appeal mailed to CIC on  

 

Place:                                                                                                 Signature of the Appellant

Date:                                                                                                    (Name of the Appellant)

You may include details mentioned in above RTI Second Appeal Format in English in your second appeal. If you have any doubt in RTI Second Appeal Format in English above, you may ask through comment box.

You may get other RTI Format at below links:

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26 comments

  • pagadala meera manohar

    It is very helpfull in filling second appeal, thank you

  • Mehul

    Really thankful to you for providing us with such good , useful and informative guidance. Keep up the good work. God bless 👍

  • sreenivas

    Respected sir
    with regarding to the chronological chart S.No.5,6 and 7 the second appeal copy is to be sent PIO and 1st appellate authority?

    • Hi Sreenivas. Thank you for your query.
      YES. Copy of Second Appeal must be send to both PIO, and First Appellate Authority before sending to the CIC because you should attach proof of submitting copy of second appeal to PIO and FAA along with Second Appeal to CIC.

      • Brahma Ananda

        Hi Sanjeet,
        first of all THANKS A LOT for this useful information, my query is that if i m writing directly to CIC in 2nd appeal then also should i write to both PIO an FAA becuz i don’t think so it may be possible then.

        • Brahma Ananda

          Sanjeet pls also guide , copy of second appl which will be send to PIO and FAA will be addressed to whom? will it be also addressed to CIC. waitin ur response eagerly THANKS ONCE AGAIN.

          • Brahma Ananda

            sorry for unnecessary botheration, pls tell in copy to PIO and FAA which date to be put becuz while addressing to CIC date will be different inside application , but when we will send copy to PIO and FAA surely it will have different dates, Like in begining of appl. date of submission is required and finally in 7th 2nd appl mailed to CIC date is required , in between these copies have to be send to PIO and FAA;there also dates have to be mentioned in 5th and 6th pls help.

          • Hi Brahma Ananda,
            Let me clarify the procedure. You can’t file Second Appeal without filing RTI Application, and First Appeal. Thus, before filing Second Appeal, you must have date of RTI Application, and date of First Appeal. Please follow the summarize procedure:
            Step-1: Write Second Appeal before CIC as per sample I have provided.
            Step-2: Take three copies of Second Appeal: 1st for PIO, 2nd for FAA, and 3rd for yourself.
            Step-3: Send 1st copy to the PIO at his address (used for sending RTI Application), and 2nd copy to FAA at his address (used for sending First Appeal.
            Step-4: Send original copy of Second Appeal along with postal reciepts to the CIC.

            Hope this helps.

        • Hello Brahma Ananda,
          You are most welcome, and thank you for your appreciation. As per RTI Rules, You can’t submit Second Appeal under section 19(3) without filing First Appeal under section 19(1). Thus, you must write to PIO and FAA before writing to CIC under section 19(3) of the RTI Act. However, you can lodge complaint before CIC directly under section 18 of the RTI Act.

          • Brahma Ananda

            Sanjeet, extremely sorry for misunderstanding, i have already filed rti and first appeal, only concern is when i will send copy of 2nd appeal to PIO and FAA then it should be addressed to whom( to CIC or to PIO and FAA) and in the final index u have mentioned that date should be mentioned when sending a copy to both PIO and FAA and finally to CIC but then when copy will be sent to PIO and FAA then we can’t mention date there only in CIC column we can mention date. Pls assist me
            Thanks and Regards,
            Brahma Ananda

          • Hi,
            One envelope under which you have enclosed copy of second appeal for PIO should be addresses to PIO, and another envelope under which you have enclosed copy of second appeal for FAA should be addresses to FAA. The original Second Appeal in third envelope should be addressed to CIC. In final index, you should mention the dates when you dispatch copies of Second Appeal to PIO, and FAA. You don’t need to send the Final Index to PIO, and FAA. Send the final index only to CIC. Hope this helps. If it is not clear, please write to me.

          • Brahma Ananda

            Sanjeet , Thanks a lot, I am not flattering you but there is need for a persons like you in the faculties of educational institutes. You are doing a superb job. Many people like me who don’t posses much detailed knowledge benefit from these forums. Keep up with the good job.

            Thanks and Regards,
            Brahma Anand

          • Hi Brahma Ananda,
            You are most welcome. I request you to share my website through your Facebook, Twitter, etc. so that many more people get benefit. Please feel free to ask any query you have. Thank You.
            Please Like us on Facebook at https://www.facebook.com/RTI-Act-2005-1442671595756546/

          • Brahma Ananda

            1 last question Sanjeet in 2nd appeal when i will send copy to PIO and FAA then apart from date should i also mention speed delivery proof of copy of appeal to PIO and FAA in the appeal to CIC.

          • Yes. You must attach copies of acknowledgement from post office, which they provide after they book the speed post. You should attach sending proof, not delivery proof. Hope this helps.

          • Brahma Ananda

            Sanjeet , THANK YOU VERY MUCH, Your are doing a great job by assisting people here. May God bless you and all the best
            Thanks and Regards,
            Brahma Ananda

          • Hi Brahma Ananda,
            You are most welcome. Thank you for your appreciation, which boosts my interest.

        • Brahma Ananda

          Hi Sanjeet, i have now drafted 2nd appeal as per ur guidance , is it necessary that i should self attest all the documents that i am sending as proofs like earlier applications and the responses that i got.

          Thanks and Regards,
          Brahma Ananda

  • sreenivas

    Respected Sir

    Before filing second appeal whether the copy of the said appeal is to be sent to PIO and 1st appellate authority under RTI if no what is meant by S.Nos.5,6 and 7 in chronological chart

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