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CIC second appeal 90-day limit and how to get delay condoned

Direct answer: CIC second appeals must be filed within 90 days of the FAA's decision (or the 45-day window for FAA to decide). Miss that deadline and you must attach a formal application for condonation of delay — failing to do so almost guarantees rejection. CIC can condone delays if you show sufficient cause.

The 90-day window for CIC second appeals catches many citizens off guard. You win your first appeal, the FAA either does not act or gives a bad order, and then life intervenes — and you realise 4 months have passed. The good news: CIC has discretion to hear late appeals, but only if you ask properly.

What the official portal says

“Appeals must be filed within 90 days from the date the FAA decision should have been made or was received.” — CIC FAQ Q15
“Yes, if the Commission finds sufficient cause prevented timely filing.” — CIC FAQ Q20

How the 90-day clock works

The clock starts on the later of:

If the FAA decided on day 30 and sent you the order, your 90 days run from that date. If the FAA simply went silent, your 90 days run from day 45 of your first appeal.

Keep the FAA's order letter (or the post tracking receipt showing your first appeal was delivered) as evidence of the start date.

What "sufficient cause" means for condonation

CIC has used various grounds to condone delay. Accepted reasons include: serious illness or hospitalization, natural disaster affecting your region, death in family, being posted to a remote area without internet, proof of misleading advice from government officials, and postal delivery failures. Weak or unsupported reasons — “I was busy,” “I forgot” — routinely fail.

Your condonation application must be honest and supported by documents (hospital certificate, death certificate, posting orders, etc.).

What to do — step by step

  1. Calculate your delay: count days from the FAA decision date (or 45-day expiry) to today.
  2. Draft a Condonation of Delay application: a separate letter or section in your second appeal form explaining the reason, delay duration, and supporting documents.
  3. Attach evidence: hospital records, postal receipts, any document supporting your reason.
  4. File online or physically: submit the second appeal form plus the condonation application together at cic.gov.in or physically to CIC Bhawan, Munirka, New Delhi-110067.
  5. One copy is sufficient: attach proof of service on CPIO and FAA (registered post receipt or acknowledgement).
  6. CIC will decide: the Commissioner will consider the condonation request before admitting the appeal. You will be notified.

FAQ

Is there a separate form for condonation of delay?

No prescribed separate form. You can include the condonation request as a clearly labelled section or annex to your second appeal. State the delay duration and reason plainly.

What if my condonation is rejected?

CIC will pass a brief order rejecting your appeal on limitation grounds. You can challenge this order in High Court under Article 226 of the Constitution, but this is complex and expensive. It is far better to file within 90 days or get condonation right the first time.

Does the same 90-day rule apply to CIC complaints?

No. Complaints under RTI Act 2005, §18 have no specific statutory time limit, though CIC expects reasonable timeliness. This is another reason to consider a complaint where it fits.

I filed within 90 days but CIC says my appeal is time-barred. What went wrong?

Check your FAA delivery date. The 90-day clock runs from receipt of the FAA order, not from when you sent it. If postal delay pushed the FAA order to you later than expected, show the envelope postmark.