Second Appeal under RTI Act: How to File Second Appeal under RTI?

Second Appeal under RTI Act - How to File Second Appeal under RTISecond Appeal under RTI is the highest Appeal under RTI Act, 2005. To get effective result from Second Appeal, you should understand various provisions of RTI Act pertaining to Second Appeal. Let me explain important provisions of RTI Act that you need to know to understand Second Appeal under RTI.

Which Section of RTI Act talks about Second Appeal?

Section 19(3) of the RTI Act provides to citizen right to Second Appeal before Central Information Commission or State Information Commission (hereinafter referred as CIC or SIC), as the case may be, against the order on First Appeal.

Who shall file Second Appeal under RTI?

Any person who does not receive a decision on First Appeal within the time limit specified in section 19(6) or is aggrieved at the decision of the First Appellate Authority may submit Second Appeal before CIC or SIC, as the case may be. To know the time limits within which you shall receive decision on First Appeal, click below link Time Limits for First Appellate Authority to give Decision on First Appeal.

When to file Second Appeal (Time limits to file Second Appeal)?

A person shall submit Second Appeal against the decision on First Appeal within 90 days from the date on which the decision should have been made or was actually received, before the CIC or SIC, as the case may be:

             Provided that the CIC or SIC, as the case may be, may admit Second Appeal after the expiry of the period of 90 days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

To understand time limits to submit Second Appeal under section 19(3), click below link Time limits for filing Second Appeal.

How to file Second Appeal under RTI Act:

You can file Second Appeal Online as well as Offline, but online facility for filing Second Appeal is available only against Central Public Authority and against few State Public Authorities. Against other public authorities, you must submit Second Appeal offline only.

Links to File Second Appeal before CIC or SIC Online:

To submit Second Appeal online before Central Information Commission, follow the link File Second Appeal before CIC.

To submit Second Appeal online before State Information Commissions, follow the links below:

If you wish to submit Second Appeal before State Information Commissions for which online filing links are not mentioned above, you must file Second Appeal offline only. To know how to submit Second Appeal offline, follow procedures explained below.

Step by step procedure to file Second Appeal under RTI before CIC or SIC Offline:

Step-1: Get the details (Address) of Second Appellate Authority (CIC or SIC, as the case may be):

First Appellate Authority (hereinafter referred as FAA) shall provide the details of Second Appellate Authority in every decision on First Appeal. Thus, if you have received decision of FAA, then take the details of Second Appellate Authority from reply. But, in case FAA didn’t provide the details of Second Appellate Authority in the reply, or FAA didn’t give her decision within the specified time limit, you can get the details of Second Appellate Authority (CIC or SIC, as the case may be) in following ways:

i) Get the Address of CIC or SIC, as the case may be, from the Website of the CIC or concerned SIC.

ii) Ask the address of CIC or SIC from office of the FAA through phone call or e-mail.

iii) If office of the FAA is near to your house, you can visit there to get address of Second Appellate Authority.

iv) As per section 5(2), Public Authority shall appoint Central Assistant Public Information Officer(CAPIO) or a State Assistant Public Information Officer(SAPIO), as the case may be, at each sub-divisional level or other sub-district level, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the CIC or SIC, as the case may be.

Accordingly, if you don’t get the Address of Second Appellate Authority in any way, you can submit your Second Appeal before CAPIO or SAPIO, as the case may be, who shall forward your Second Appeal to the Second Appellate Authority forthwith.

Step-2: Check the Appeal Procedures of respective Information Commission (Central or State):

There is no uniform or common Appeal Procedure that contains Fees detail and Format for filing Second Appeal before CIC and SICs. Thus, before you draft Second Appeal to the CIC or SIC, go through the Appeal Procedures of CIC or SIC for Fees, and Format of Second Appeal (if any).

To know the Appeal Procedure Rules for Central Information Commission, and for State Information Commissions, you may visit Appeal Procedures for CIC and SICs.

Step-3: Write Second Appeal:

Draft your Second Appeal as per the Appeal Procedures of the concerned Information Commissions. If the concerned information commission does not provide any specific procedure, you may follow the Appeal Procedures for filing Second Appeal before CIC, which I have provided in detail below. You may click Sample Second Appeal to get template of Second Appeal.

Second Appeal before CIC:

As per Rule 8 of Right to Information Rules, 2012, you must include following details in your Second Appeal under RTI before CIC:

1. Name and address of the Appellant.

2. Name and address of the CPIO to whom the application was addressed.

3. Name and address of the CPIO who gave reply to the Application.

4. Name and address of the First Appellate Authority Who decided the First Appeal.

5. Particulars of the application.

6. Particulars of the order(s) (RTI Reply, First Appeal Reply, etc.) including number, if any, against which the appeal is preferred.

7. Brief facts leading to the Appeal

8. Prayer or relief sought

9. Grounds for the prayer or relief

10. Any other information relevant to the Appeal

11. Verification/authentication by the Appellant

Documents to be attached with Second Appeal:

You should attach copy of following documents, duly authenticated and verified by the you, namely:

(i) a copy of the RTI Application, along with attachments, submitted to the CPIO;

(ii) a copy of the reply received, if any, from the CPIO;

(iii) a copy of the First Appeal, along with attachments, made to the FAA;

(iv) a copy of the Order received, if any, from the FAA;

(v) copies of other documents relied upon by the Appellant and referred to in your appeal;

vi) If you didn’t receive decision of FAA, then a copy of the proof of submitting First Appeal under section 19(1) of the RTI Act;

(vii) an index of the documents referred to in the Second Appeal; and

(viii) Chronological Chart of RTI Application

Step-4: Arrange all papers (Second Appeal along with attachments) as per index and then serially number all papers on right hand side top corner. This is one original set of Second Appeal.

Step-5: Self attest all pages of original Second Appeal along with attachments by signing under the word “Attested”. Take four (4) sets photo copy of original Second Appeal.

Step-6: Submit one-one set of Second Appeal copy to the CPIO and FAA either by hand or through Registered Post or Speed Post. If you submit copy by hand then never forget to take acknowledgment from CPIO and FAA. Take three (3) copies of acknowledgments, if submitted by hand, or of postal receipts, if submitted through post office.

Step-7: Attach the copy of acknowledgments or postal receipts with original and two remaining copies of Second Appeal as proof of serving the copy of Second Appeal to CPIO and FAA.

Step-8: Make entries of new attachments (acknowledgments or postal receipts) in the index of Second Appeal and chronological chart of Second Appeal.

Step-9: Submit Original set and one extra set of Second Appeal to the Second Appellate Authority, CIC (in case of Central Government), either by hand or through Registered Post/Speed Post. Try to avoid private courier services for sending Second Appeal. If you submit Second Appeal by hand then never forget to take acknowledgment from the person who received your Appeal. In case of CIC, you can send your Second Appeal sets at following Address:

To,

The Registrar,

Central Information Commission,

IInd Floor, August Kranti Bhavan,

Bhikaji Kama Place,

New Delhi – 110 066

Step-10: Keep the remaining one set of Second Appeal for your reference, along with proof of submission to the CIC. After one week of submitting Second Appeal, you may check the registration status of your Second Appeal at the website of concerned information commission. If your Second Appeal is registered take the registration number and note it on your reference set of Second Appeal under RTI. If your Second Appeal is not registered within 15 days, you may contact registry in information commission through e-mail or phone number, and ask them to trace your Second Appeal and register the same.

You may visit difference between Complaint under section 18 and Second Appeal under section 19 to understand the relative scope of Complaint under section 18 and Second Appeal under RTI under section 19. To know the step by step procedure to lodge Complaint before Information Commission under Section 18, you may visit How to lodge Complaint under Section 18 of the RTI Act.

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40 comments

  • Dinesh More

    i have file my first appeal in jan 2017 and the concern officer promise me to give the relevant documents but until now i did not get anything from him and the officer is transfer from there. can i file second appeal. or i can start new process

    • Second Appeal must be filed within 90 days of the date when decision in First Appeal is received or is supposed to be received. Thus, time is over now. You may file Second Appeal with proper justification of delay. However, there is no guarantee that Commission will admit your appeal.
      I suggest you to file fresh application before PIO.

  • Upender E

    Dear Sir,
    As suggested by you, I have submitted copy of 2nd appeal to PIO & FAA and original to ap state information commission on the same day of 29th june, 2017 (with a gap of about (4) hours) through registered post, ack. due, & all the consignments were delivered on 1st july,2017 in respective offices, as per postal track record. Acks. received from PIO and FAA, but no postal Ack, due slip is not received from commission’s office. Also no any communication of REGISTERING the document is received from commission;s office. Kindly direct me to proceed further, and also provide me the fallowing.
    1.Website of Ap state information commission to search the status of the consignment.
    2. After how many days shall I call the commission’s office for its status and its registration no. etc., for my record.
    Thanking you sir, A very useful suggestions are being given, as and when requested for. Thank you so much.

  • Upender E

    Dear Sir,
    Thank you sir, much information could be known from your detailed replies being posted with regard to RTI.
    1)will you pl. provide me the address of Telangana state information commission.
    2)whether PIO & FAA’s as 1st & 2nd respondents respectively is to be mentioned in the 2nd appeal as respondents.
    3)Is there any limit for the matter to be written in 2nd appeal, OR step by step of correspondence made with PIO & FAA in brief can be written, including clarrifications & replies of FAA, etc,. If there is any limit approximately “lines OR pages may be suggested, as the representation shall be self explanatory.
    4)There shall be different dates for sending copies of 2nd appeal to PIO & FAA, and date of submission to the SIC. After how many days of dispatch to PIo & FAA, the 2nd appeal is to be submitted to SIC.
    5)Is it necessary to send a copy of INDEX to the PIO & FAA along with copy of 2nd appeal.
    Thanks in advance Sir,

    • Hi,
      My replies to your queries are as follows:
      1) Will you pl. provide me the address of Telangana state information commission.
      Reply: Call to 040-24740107 and ask the address of Telangana State Information Commission.
      2)whether PIO & FAA’s as 1st & 2nd respondents respectively is to be mentioned in the 2nd appeal as respondents.
      Reply: Yes. You shall mention both PIO and FAA as respondents, if both have denied information to you.
      3)Is there any limit for the matter to be written in 2nd appeal, OR step by step of correspondence made with PIO & FAA in brief can be written, including clarrifications & replies of FAA, etc,. If there is any limit approximately “lines OR pages may be suggested, as the representation shall be self explanatory.
      Reply: There is no limit on content of the Second Appeal. However, all the headings mentioned in Second Appeal Format shall be included, and all the documents required to be enclosed shall be enclosed. This is required by the RTI Rules.
      4)There shall be different dates for sending copies of 2nd appeal to PIO & FAA, and date of submission to the SIC. After how many days of dispatch to PIo & FAA, the 2nd appeal is to be submitted to SIC.
      Reply: There is no such requirement. You can send the copies of Second Appeal to the PIO, and FAA on the same day when you send the Second Appeal to the Commission.
      5)Is it necessary to send a copy of INDEX to the PIO & FAA along with copy of 2nd appeal.
      Reply: It is suggested, but not mandatory. However, you shall send the index to the Commission.
      Hope this helps.

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  • Yogesh Kumar Sharna

    Dear sir pls tell me fee for second appeal before cic

  • Upender E

    Dear Sir,
    1) can I ask for clarifications after receipt of reply from FAA, (mentioning specifically for personal perusal of FAA), if the reply is not satisfactory and incomplete, and how many times before preferring 2nd appeal.
    2) clarifications sought for on the reply of FAA was received in his office on 17th may,2017 as per postal tracking record, and how long I have to wait for preferring 2nd appeal.
    3) Before approching 2nd appellate authority, I have to submit copy of 2nd appeal to the PIO and FAA, and proof of such submission is to be mentioned in the 2nd appeal. In such of the case, whether enclosures to be submitted to the 2nd appellate authority also are to be enclosed to the PIO and FAA again, as these enclosures are one and the same which were already submitted while making correspondence earlier. (enclosures are about 50 sheets)
    Thanking you sir,
    With Regards,
    Upender E

    • Hi,
      My replies to your queries are as follows:
      1) can I ask for clarifications after receipt of reply from FAA, (mentioning specifically for personal perusal of FAA), if the reply is not satisfactory and incomplete, and how many times before preferring 2nd appeal.
      Reply: RTI Act does have any provision for asking FAA after he has disposed of your appeal. If it is not satisfactory, then the only option is Second Appeal under section 19(3) of the RTI Act. However, you can contact FAA in personal way and request for clarification. But, FAA is not obliged to reply.
      2) Clarifications sought for on the reply of FAA was received in his office on 17th may,2017 as per postal tracking record, and how long I have to wait for preferring 2nd appeal.
      Reply: You must submit Second Appeal within 90 days of receipt of FAA’s decision on your First Appeal. I suggest you to not wait for any reply from FAA on your clarification.
      3) Before approching 2nd appellate authority, I have to submit copy of 2nd appeal to the PIO and FAA, and proof of such submission is to be mentioned in the 2nd appeal. In such of the case, whether enclosures to be submitted to the 2nd appellate authority also are to be enclosed to the PIO and FAA again, as these enclosures are one and the same which were already submitted while making correspondence earlier. (enclosures are about 50 sheets)
      Reply: You may submit only copy of Second Appeal to PIO and FAA without enclosures if you are sure that they already have it. However, send Second Appeal along with enclosures to Second Appellate Authority.
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  • Upender E

    Dear Sir,

    Can I represent 2nd appeal to the State information commission regarding service matters. i.e regarding issue of promotion orders by 1st appellate authority, which relates to the year 1979 – 1986 for which first appeal was submitted under R.T.I act-2005, fallowing all procedures of the act providing all relevant documents as evidences. My issue is very old, i.e.from the combined state of Andhrapradesh and now it is bifurcated as Andhrapradesh and telangana, as injustice was done during the combined state of Andhrapradesh. I have retired from state government service on 31st December,1996.

    With Regards,

    • Namaskar Upender E Ji,
      There is no restriction on duration of matters. If the required information is available with the public authority then you must get. Through RTI, you can get information, but can’t lodge your grievance. You may submit second appeal if you didn’t receive information through either RTI Application or RTI First Appeal. In addition, there is a time limit to submit second appeal after first appeal. You may check the concerned state RTI appeal procedure to confirm the same.
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  • Ramesh

    Hello sir

    Your work is very good. Believe your work will benefit the people of india in the near future.

    I am drafting my second appeal to cic. Have some doubts. It is central government dept security printing press. FAA is the general manager.

    In the prayers or relief sought section if I use the below line, will it not create any problem,? no issues.Can i use it in 2nd appeal.?

    “Direct the public authority to make entry in service book/Annual performance appraisal report of the respondents for defying the provisions of the act”

    Your opinion please.

    Thank you in advance.

    Regards
    Ramesh

  • Arindam Chakraborty

    Dear Sir,
    Hope you are keeping fine.
    Time has come for me to submit second appeal before CIC. I was trying to submit online. However while filling in the online form second appeal, I found in the 2nd page there is a mandatory field ” date of filing second appeal ” and other requirements regarding 2nd appeal, it is bit confusing. Can you just provide me the exact link.
    I was trying in cic.gov.in then under appeal & complaint online then online appeal, then filling up all required information. The problem lies in the 2nd page of the form. The other thing I found that even I submitted my online RTI application registration No., however it says not available in their database. I hope rtionline.gov.in and cic.gov.in is linked. For example my reg. no. AAOIN/R/2017/50105 is not found in the database but is still available in rtionline.gov.in. Please suggest how can I submit 2nd appeal to CIC.

    Regards
    Arindam
    Durgapur

    • Namaskar Arindam Chakraborty Sir,
      You have followed correct procedure. However, if you are unable to proceed, I suggest you to submit Second Appeal offline. I am aware that there is some problem in online submission of Second Appeal/Complaint.
      Hope this helps.

      • A. Chakraborty

        Dear Sir,
        Thanks. The address for CIC as provided by the 1st Appellate Authority to me in his order is :
        CIC, Club Building, old JNU campus, N.Delhi-67, however in almost everywhere I found it is the one which u have provided, i.e Bikhaji Cama place.
        My Second Appeal with CIC is almost ready shall despatch through speed post within a day or two. Kindly confirm the address out of the two above. And please also confirm should I address to the Registrar ?

        Thanks & Regards.
        Arindam

  • pagadala meera manohar

    thank you sir, for your suggestions,

  • pagadala meera manohar

    weather the names of PIO and FAA are mandatory or optional

  • pagadala meera manohar

    respected sir,
    after filling the first appeal the first appellate authority knowingly gave false information on 22/02/2017. And on 28/02/2017 he retired, and on 02/03/2017 another person took charge as first appellate authority. now whom should i choose as second respondent in second appeal. Weather the first person (Retired Person) who gave false information or newly appointed person. or i will chose both persons as second and third respondents respectively. kindly give me reply i am very thankful to you.

    • Namaskar Pagadala Meera Manohar Ji,
      First Appellate Authority is not supposed to provide information, rather he shall direct PIO to provide information. Whether it is First Appeal or Second Appeal, it is the PIO, who shall provide information. Appellate Authority can only direct PIO to furnish information.
      You should make designation “First Appellate Authority” as respondent, rather than writing names of anyone. When Commission will conduct hearing, it will call the concerned Person (Whether existing or retired person), and penalty will be imposed on the person who has done mistake rather than on person who will be then FAA.
      Hope this helps.
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  • Vikrant prasad.

    If I am not satisfied with the reply of my first appeal, or insufficient information is received on first appeal, then we can file second appeal?

  • Arvind Kumar shukla

    Jankari de pratham appeal ke prarup ke bare main Hindi

  • prabhas pruseth

    One of the most imp informationinformationa,i.e. Fees for second appeal is not given. How could we sent rti through post without any fees.

    • Every Information Commission has different Fees for Second Appeal. That’s why I have not mentioned. Anyways, I will write separate article on this. Thank you for your valuable input.

  • MADDU SAMBA MURTHY

    Wonderful information as how to file Second Appeal. Thank u so much.

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