How to File a Second Appeal with the CIC or State IC Under Section 19(3) of the RTI Act

When the First Appellate Authority (FAA) fails you — either by dismissing your First Appeal without good reason, or by simply not deciding within the statutory period — the RTI Act gives you a second and more powerful remedy: the Second Appeal to the Central Information Commission (CIC) or the State Information Commission (State IC) under Section 19(3) of the Right to Information Act, 2005.

The Second Appeal is where the RTI Act's teeth show. Unlike the FAA — an internal officer with institutional loyalties — the Information Commission is a statutory body with independent adjudicatory powers. It can order disclosure, impose a financial penalty of up to ₹25,000 on the CPIO personally, award compensation to the applicant, and recommend disciplinary action. Used correctly, the Second Appeal is one of the most effective administrative law remedies available to an ordinary Indian citizen.

This guide walks through every step of the Second Appeal process.

What Is the Second Appeal?

Under Section 19(3), any person who is aggrieved by the decision of the First Appellate Authority may, within 90 days of the receipt of such decision, prefer a Second Appeal to the appropriate Information Commission.

The CIC (Central Information Commission) handles Second Appeals for all Central Government public authorities. The relevant State Information Commission (SIC) — or Delhi Information Commission (DIC) for Delhi state bodies — handles Second Appeals for State Government public authorities.

There is no prescribed printed form. The Second Appeal is a petition in plain paper or online, addressed to the Registrar of the Commission. There is no fee for filing a Second Appeal.

Timelines: When to File

Standard timeline: File within 90 days of the date of the FAA's order.

If FAA gave no order: If the FAA neither decided within 30 days nor gave a reasoned extension to 45 days, the 90-day clock begins running from the expiry of the 45-day period. Count 45 days from the date the First Appeal was received by the FAA, then count 90 more days — that is your filing deadline.

Late filing: The Commission has the power to condone delay beyond 90 days on sufficient cause. There is no absolute bar on late Second Appeals, but delays beyond 90 days require explanation. The Commission's approach varies: some Commissioners condone delay liberally where information access is clearly at stake; others are stricter. Always file as soon as you can, and always explain any delay.

Section 19(3) Second Appeal Versus Section 18 Complaint

Before filing, decide which route fits your situation.

Section 19(3) Second Appeal

This route is appropriate when:

• You filed an RTI application with the CPIO
• The CPIO responded inadequately or not at all
• You then filed a First Appeal with the FAA
• The FAA either rejected the appeal or failed to decide within 45 days
• You are still denied the information and want the Commission to order disclosure and consider penalising the CPIO

The Second Appeal is a quasi-judicial proceeding. The Commission acts as an adjudicator, calling both parties, examining the record, and passing a speaking order.

Section 18 Complaint

This route is appropriate for specific violations where the First Appeal route may not fully apply:

• The public authority has no designated CPIO
• The CPIO refused to receive the RTI application
• The CPIO did not respond and you want a direct complaint without having first exhausted the First Appeal route (the Commission has discretion on whether to entertain such complaints)
• The public authority is not complying with Section 4 proactive disclosure obligations
• You want to allege a specific procedural violation outside the scope of a Second Appeal

A Section 18 complaint is also free to file and goes directly to the Commission. The Commission has investigated and resolved matters on a Section 18 complaint even without a prior First Appeal in some cases. However, the Second Appeal route is generally more robust for enforcing information rights and seeking penalty.

Practical rule: If you have filed an RTI, filed a First Appeal, and are still denied information — use Section 19(3). If the RTI process broke down at the intake level (no CPIO, application not accepted, etc.) — use Section 18.

Documents to Attach

A well-documented Second Appeal file makes the Commission's job easier and your case stronger. Gather the following before filing:

1. Copy of the original RTI application with the date clearly visible and all questions numbered
2. Proof of delivery of the RTI application: speed post tracking confirmation, registered post acknowledgement, or the online portal's submission confirmation with reference number
3. CPIO's response (if any): the full text of the response letter, including any exemption claimed
4. Copy of the First Appeal petition you filed with the FAA
5. Proof of delivery of the First Appeal: speed post tracking, registered post acknowledgement, or submission confirmation
6. FAA's response/order (if any): the full text of the FAA's order or letter
7. Proof that FAA's 30/45-day period has expired (if the FAA gave no order): a note calculating the date of receipt of First Appeal + 45 days, showing the deadline has passed
8. A clear list of the information still sought: specify exactly which questions remain unanswered or which specific records you have not received, and why each exemption claimed by the CPIO is inapplicable

Organise these as numbered annexures so the Commission can navigate them easily.

The CIC Procedure in Practice

Filing the Second Appeal

The CIC accepts Second Appeals both online (through the CIC's official portal — verify the current URL from the CIC's website before filing) and by post or hand delivery to the CIC's office in New Delhi.

Online filing: upload scanned copies of all documents; the system generates a diary number upon submission.

Postal/hand delivery: send to the CIC Registrar's office with all documents. Keep the postal receipt.

Registration and Notice

Once the CIC receives the Second Appeal, the Registry reviews it for completeness and formally registers it. You will receive a registration number (diary number / appeal number). The CIC then sends a notice to the public authority — specifically to the CPIO and the FAA — directing them to file a reply/counter affidavit within a specified time.

The Hearing

The Commission conducts a hearing at which both you (the appellant) and the public authority (usually represented by the CPIO and/or the FAA) are called. Hearings may be physical (at the CIC's premises) or via video conference — the CIC has significantly expanded video hearings for outstation appellants.

At the hearing:

• The Commissioner reads the appeal, the CPIO's reply, and the original RTI application
• The Commissioner asks the CPIO to explain the basis for any refusal or delay
• You get an opportunity to respond to the CPIO's explanation and to reiterate why the information should be provided
• The Commissioner may ask pointed questions to either side

Burden of proof on CPIO for penalty: Under Section 20, once it is established that the CPIO failed to comply with the RTI Act's provisions, the burden shifts to the CPIO to prove that the failure was reasonable and not mala fide. This is a significant reversal — the default presumption favours disclosure.

The Commission's Order

After the hearing, the Commission passes a written order. Orders are generally published on the CIC's website (for Central Govt cases).

Section 19(8): What Orders the Commission Can Make

Section 19(8) empowers the Information Commission to make a wide range of orders:

• Direct information disclosure: Order the public authority to provide the information sought within a specified deadline
• Appoint a CPIO: If the public authority failed to designate one
• Require compliance: Direct the public authority to comply with any provision of the RTI Act
• Require training: Direct the public authority to train its officers in RTI obligations
• Require practice changes: Direct changes to information management practices
• Impose penalty (Section 20): Impose a personal financial penalty on the CPIO
• Award compensation (Section 19(8)(b)): Award compensation to the complainant/appellant for any loss or other detriment suffered
• Recommend disciplinary action: Recommend that the public authority consider disciplinary proceedings against the CPIO for persistent or egregious failures

Section 20: The Penalty Power — In Detail

Section 20 is the most powerful provision for enforcement. When a CPIO has:

• Refused to accept an application without reasonable cause
• Not provided information within the specified period
• Malafidely denied a request
• Given knowingly incorrect, incomplete, or misleading information
• Destroyed information subject to an RTI request
• Obstructed an appeal in any manner

...the Commission shall impose a penalty unless the CPIO proves that the failure was reasonable and was not mala fide.

The penalty is ₹250 per day from the date of default, up to a maximum of ₹25,000. The penalty is paid by the CPIO personally — it cannot be charged to the government department or offset against allowances. The Commission must give the CPIO a reasonable opportunity of being heard before imposing the penalty.

As an appellant, you should specifically request penalty in your Second Appeal where the CPIO's conduct warrants it: delays without cause, blanket denials, or demonstrably false claims of non-availability.

Practical Tips for Second Appeals

Be surgical about what you are still seeking: Do not repeat everything you originally asked for. Identify precisely which questions remain unanswered and which exemptions were wrongly invoked. The Commission's time is limited — a focused appeal gets more thorough attention.

Challenge exemptions with specificity: If the CPIO invoked Section 8(1)(h) (impeding investigation), explain why the investigation has concluded or why the specific document requested cannot impede any ongoing process. If Section 8(1)(j) (personal information) was invoked, explain that the information pertains to public functions, not private life.

Invoke Section 4 if applicable: If the public authority was obligated to proactively disclose the information under Section 4(1)(b) or 4(1)(c) and has not done so, mention this. The CIC takes Section 4 non-compliance seriously.

Request penalty explicitly: Do not assume the Commission will impose penalty automatically. State in your appeal that you request penalty under Section 20 and give the specific basis — number of days of delay, the nature of the wrongful denial, etc.

Don't turn it into a grievance: Many Second Appeals fail or get dismissed quickly because the appellant uses the forum to relitigate the underlying dispute — "the contractor cheated me" or "the mutation was wrongly done." The Commission can only order information disclosure. State clearly what information you want and why it has been wrongly withheld.

Attend the hearing or submit written submissions: If you cannot attend in person, submit detailed written submissions in advance. Many Commissioners accept written arguments if filed before the hearing date.

State IC vs CIC: Process Differences

The procedure described above reflects the CIC's process. State ICs broadly follow the same statutory framework but differ in:

• Whether they accept online filings (varies by state)
• How they schedule hearings (some are backlogged, some are more current)
• The speed of order issuance
• Whether video hearings are available

Before filing with a State IC, check the relevant State IC's official website for the current filing procedure and address. Do not rely on third-party descriptions of specific URLs — verify directly.

What Happens After the Commission's Order

If the public authority complies with the Commission's order and provides the information: the matter is resolved.

If the public authority does not comply: Non-compliance with a Commission order is a serious matter. You can:

1. File a Section 18 complaint with the same Commission citing non-compliance with the order
2. Write to the Commission's Registry drawing attention to non-compliance and requesting enforcement action
3. The Commission can take suo motu cognizance of non-compliance and initiate proceedings against the public authority
4. In some high-profile cases, parties have filed contempt petitions before the High Court, though this is rare and generally a last resort

Sample Second Appeal Format

Below is a skeleton template. Adapt it for your case, and attach all listed documents.

To, The Registrar, Central Information Commission / (Name) State Information CommissionAddress

Date: DD/MM/YYYY

Subject: Second Appeal under Section 19(3) of the Right to Information Act, 2005

Appellant: Your full name, Address, Phone/Email

Respondent (Public Authority): Name of Public Authority, Address

CPIO: Name/Designation of CPIO if known

FAA: Name/Designation of FAA if known

RTI Application Reference No.: X dated DD/MM/YYYY

First Appeal Reference No.: X dated DD/MM/YYYY

FAA's Order Date (if any): DD/MM/YYYY / FAA did not respond; 45-day period expired on DD/MM/YYYY

1. Facts of the Case

1.1 The Appellant filed an RTI application dated date with the CPIO, public authority, seeking the following information: reproduce all questions in numbered form, exactly as in original.

1.2 One of the following: (a) The CPIO did not respond within 30 days. (b) The CPIO responded on date as follows: summarise CPIO's response, quoting key parts.

1.3 The Appellant filed a First Appeal with the FAA on date. One of the following: (a) The FAA did not respond within 45 days. (b) The FAA rejected the appeal by order dated date on the following grounds: summarise FAA's order.

1.4 The Appellant continues to be denied the following information: list exactly what is still sought.

2. Grounds of Second Appeal

Ground 1: e.g., "The CPIO failed to provide any response within the 30-day period under Section 7(1), constituting a deemed refusal under Section 7(2). No reasonable cause has been offered for this failure."

Ground 2: e.g., "The exemption under Section 8(1)(j) invoked by the CPIO does not apply. The information sought — the official orders passed by designation in connection with subject — pertains to the exercise of public functions, not to personal or private information of any individual."

Ground 3 (Section 4): e.g., "The information sought falls within the proactive disclosure obligations of the public authority under Section 4(1)(b)(xi) or other sub-clause of the RTI Act. The authority's failure to maintain and publish this information is itself a violation."

3. Relief Sought

The Appellant respectfully requests this Hon'ble Commission to:

(a) Direct the CPIO/public authority to provide the following information within 7/15 days: list the specific information still sought;

(b) Impose a penalty on the CPIO under Section 20 of the RTI Act at the rate of ₹250 per day for number of days of default, amounting to ₹amount (not exceeding ₹25,000), and direct that the penalty be recovered from the CPIO personally;

(c) If applicable Award compensation to the Appellant under Section 19(8)(b) for the loss/detriment suffered due to the denial of information;

(d) If applicable Recommend disciplinary action against the CPIO for describe the specific conduct — deliberate false statement, destruction of records, etc.;

(e) Pass such other orders as the Commission deems appropriate.

4. List of Annexures

1. Copy of RTI application dated date
2. Speed post / online receipt confirming delivery of RTI application
3. CPIO's response dated date (if received)
4. Copy of First Appeal dated date
5. Proof of delivery of First Appeal
6. FAA's order dated date (if received)
7. Any other relevant document

Verification: I, Name, do hereby verify that the contents of this Second Appeal are true and correct to the best of my knowledge and belief.

Yours faithfully, Full NameAddressDate

A Note on Legal Representation

The RTI Act does not require a lawyer to file a Second Appeal. Citizens routinely appear before the CIC and State ICs in person and succeed. The proceedings are designed to be accessible. If you are comfortable putting your facts and grounds in writing and can explain them at a hearing, you do not need legal assistance.

However, for complex cases — involving multiple exemption challenges, third-party notices, or significant public interest implications — guidance from an RTI practitioner or legal professional familiar with Information Commission proceedings can strengthen your case.

The Second Appeal, used properly and filed promptly, remains one of the most accessible and genuinely effective quasi-judicial remedies in Indian administrative law.