Second 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:
- Submit Second Appeal before Bihar State Information Commission
- Submit Second Appeal before Odisha State Information Commission
- Submit Second Appeal before West Bengal State Information Commission
- Submit Second Appeal before Tripura State Information Commission
- Submit Second Appeal before Jammu & Kashmir State Information Commission
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 adddress 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 acknowledgement from CPIO and FAA. Take three (3) copies of acknowledgements, if submitted by hand, or of postal receipts, if submitted through post office.
Step-7: Attach the copy of acknowledgements 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 (acknowledgements 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 acknowledgement from the person who received your Appeal. In case of CIC, you can send your Second Appeal sets at following Address:
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.