RTI Second Appeal: Complete Process, Timeline, and How to File

The Right to Information (RTI) Act, 2005 empowers Indian citizens to access information from government departments. However, there are instances when you do not receive a satisfactory response even after your initial RTI application or First Appeal. In such situations, citizens have another crucial legal option – understanding the complete process and timeline for a Second Appeal. This is the final recourse through which you can approach the Central Information Commission (CIC) or State Information Commission (SIC).

This detailed guide will help you understand every aspect of a Second Appeal, including when, how, and where to file it, along with its associated timelines and important rules.

What is a Second Appeal?

A Second Appeal is a legal process under Section 19(3) of the RTI Act. It is filed when:

• The Public Information Officer (PIO) has not responded to your original RTI application, or
• The response provided by the PIO is unsatisfactory, and you have filed a First Appeal, but the First Appellate Authority (FAA) has either not issued a decision or their decision is also unsatisfactory.

In essence, it is the final legal step to obtain information when the expected details are not provided by lower-level authorities.

When to File a Second Appeal?

There are specific circumstances and timelines for filing a Second Appeal:

1. When no decision is received from the First Appellate Authority (FAA): If the First Appellate Authority has not issued a decision within the stipulated timeframe of 30 days (or 45 days in exceptional cases), you can file a Second Appeal within 90 days following the expiry of that timeframe.
2. When dissatisfied with the FAA’s decision: If you have received the First Appellate Authority’s decision, but you are not satisfied with it (for example, the information was still not provided, incomplete, or incorrect), you can file a Second Appeal within 90 days from the date of that decision.

What to do in case of delay: If you are unable to file a Second Appeal within the prescribed timeline due to a valid reason, you may request the Information Commission to condone the delay. For this, you must provide a clear and justifiable reason for the delay in writing along with your appeal. The Commission, if satisfied with your reasons, may condone the delay.

Where to File a Second Appeal?

You must file your Second Appeal with the correct Information Commission, which depends on the source of the information you sought:

• Central Information Commission (CIC): If you sought information from a Ministry, Department, Public Sector Undertaking, or any other Central Public Authority of the Central Government, you must file your Second Appeal with the Central Information Commission.
• State Information Commission (SIC): If you sought information from a Ministry, Department, local body (such as a Municipal Corporation), or any other State Public Authority of a State Government, you must file your Second Appeal with the concerned State Information Commission.

Selecting the correct Commission is crucial, as an appeal filed with the wrong Commission may be rejected or lead to delays in the process.

How to File a Second Appeal: Step-by-Step Guide

The process of filing a Second Appeal can be understood through the following steps:

Step 1: Prepare the Appeal Format

Prepare a written application for the Second Appeal. It should include the following information:

• Applicant’s Details: Your name, address, contact number, and email ID.
• PIO’s Details: Name and address of the PIO to whom the original RTI application was sent.
• First Appellate Authority’s Details: Name and address of the FAA to whom the First Appeal was sent.
• RTI Application Details: Date, subject, and a brief description of the information sought in the original RTI application.
• PIO’s Response Details: If any response was received from the PIO, its date and content.
• First Appeal Details: Date and subject of the First Appeal.
• FAA’s Order Details: If any order was received from the FAA, its date and content. If no order was received, mention that.
• Reasons for Second Appeal: Clearly state why you are filing a Second Appeal (e.g., information not received, incomplete, incorrect, or FAA did not issue a decision).
• Relief Sought: State what you expect from the Information Commission (e.g., order to provide information, demand for compensation, or recommendation to impose a penalty on the PIO).
• Date and Signature.

Step 2: Attach Necessary Documents

Attach self-attested copies of the following documents with your Second Appeal:

• Copy of the original RTI application.
• Any response received from the PIO (if any).
• Copy of the First Appeal.
• Order of the First Appellate Authority (if any).
• Proof of RTI fee payment (what is the RTI fee and what are the different modes of payment?).
• Identity proof (e.g., Aadhaar card, Voter ID).

Step 3: File the Appeal

You can file your Second Appeal in several ways:

• By Post: Send the appeal and all documents by Registered Post or Speed Post to the address of the concerned Information Commission. Ensure to obtain an Acknowledgement Receipt.
• Online: Some State Information Commissions and the Central Information Commission now offer facilities to file Second Appeals online. You can register your appeal on their official portals, similar to filing an online RTI application.
• In-person submission: You can also submit your appeal directly at the office of the concerned Information Commission and obtain a stamped acknowledgement receipt.

Note: No fee is charged for filing a Second Appeal.

Step 4: Obtain Acknowledgement Receipt

After submitting the appeal, ensure that you receive an acknowledgement receipt. This will contain your appeal’s registration number and submission date. It is crucial for future reference and checking the appeal status.

Step 5: Hearing and Decision

Upon receiving your appeal, the Information Commission will examine it. If deemed necessary, the Commission will conduct a hearing where you, the PIO, and the First Appellate Authority may be called to appear. During the hearing, you can present your case, and the Commission will make a decision based on your arguments and evidence. The Commission has the authority to order the PIO to provide information, recommend compensation, or impose penalties on the defaulting PIO.

Timeline for Second Appeal

As per Section 19(3) of the RTI Act, the timeline for filing a Second Appeal is as follows:

• Within 90 days from the date of the First Appellate Authority’s decision.
• If the First Appellate Authority has not issued a decision, then within 90 days following the expiry of that timeframe (usually 30 or 45 days).

This timeline is very important. If you miss it, your appeal may be rejected, unless you provide a valid reason for the delay.

Important Points

• Appeal is Free: No fee is charged for filing a Second Appeal.
• Representation: You may appear in person during the hearing or authorize another person to represent you.
• Powers of the Commission: The Information Commission holds powers equivalent to a Civil Court. It can not only order the provision of information but also impose a penalty on the defaulting PIO (ranging from ₹250 per day up to a maximum of ₹25,000) and recommend disciplinary action.
• Maintain Records: Keep safe copies of all your RTI applications, responses received from the PIO, First Appeals, FAA orders, and all documents related to the Second Appeal.

The Second Appeal is a crucial step in making the Right to Information a reality. It ensures that authorities adhere to their responsibilities and provide information to citizens transparently. Know your rights and use them!

If you need assistance in drafting your Second Appeal, you can avail the free RTI drafting facility on rtisupport.in.

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