How to file Second Appeal to CIC / SIC under Section 19(3) of RTI Act — complete 2026 guide

The CIC alone disposed of about 24,000 Second Appeals in 2024-25 (CIC Annual Report). Of these, roughly 60% resulted in a direction to disclose, in full or part. The §20 penalty was imposed in about 2.4% of cases — small in proportion, but enough that PIOs across India increasingly take CIC summons seriously. The state SICs together handled another 65,000+ Second Appeals.

This guide is for citizens who have already:

• Filed a properly-drafted RTI under §6(1) — see How to write an effective RTI application.
• Filed a First Appeal under §19(1) — see How to file First Appeal under §19(1).
• Either received an unsatisfactory FAA order, or 45 days have elapsed since the appeal without an FAA decision.
• Have copies of: the original RTI, PIO's response, the First Appeal cover letter, and the FAA's order (or proof that 45 days have lapsed).

If any of these steps is incomplete, do not skip ahead. Second Appeal jurisdiction is strict — the CIC/SIC will dismiss without prejudice if First Appeal was never filed.

1. Informal channel.
2. RTI under §6(1).
3. First Appeal under §19(1).
4. Second Appeal under §19(3) — the topic of this guide.
5. Writ petition at High Court under Article 226 (against CIC/SIC order itself).
6. Special Leave Petition to the Supreme Court (extremely rare).

Second Appeal is the external, statutory appellate stage. Unlike First Appeal (which is internal to the same Public Authority), Second Appeal is heard by an independent Information Commission — appointed under §12 (CIC) and §15 (SIC). The Commissioners are typically retired senior bureaucrats, judges, or civil society leaders.

Under §19(3) of the RTI Act, 2005:

“A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission…”

Three powers of the CIC / SIC, defined in §19(8):

• §19(8)(a) — direct the PA to provide the information sought, in any specified manner.
• §19(8)(b) — direct the PA to compensate the complainant for any loss / detriment suffered.
• §19(8)© — impose any of the penalties under §20.

And under §19(9): “The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.”

The order is final under §19(7) — but subject to writ jurisdiction of the High Court under Article 226. The Delhi HC in Bhagat Singh v. CIC (2007) is itself an example of such a writ.

The basic test: Who controls the Public Authority?

For PAs under the Central Government:

• Central Ministries (Home, Finance, Defence, External Affairs, Health, Railways, etc.).
• Central PSUs (LIC, ONGC, IOC, BHEL, BSNL, MTNL, NTPC, etc.).
• Central Universities (Delhi University, JNU, BHU, AMU, IITs, IIMs).
• Central regulatory bodies (RBI, SEBI, IRDAI, TRAI, UGC, AICTE).
• Constitutional bodies (UPSC, ECI, CAG, NHRC).
• Supreme Court of India (administrative side — confirmed by SC in CJI v. Subhash Chandra Agrawal (2019) 18 SCC 459 that even the office of the CJI is a public authority under RTI for administrative matters).
• The President's Secretariat, PMO, Cabinet Secretariat.

Address: Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi - 110067. Online: cic.gov.in.

For PAs under the State Government:

• State Departments (Revenue, Police, Health, Education, Urban Development, Public Works).
• State PSUs and undertakings.
• State Universities, Boards, Corporations.
• Panchayati Raj Institutions (Gram Panchayat, Block Panchayat, Zilla Parishad).
• Municipal Corporations / Councils.
• High Courts (administrative side).
• State PSBs and Cooperative Banks.

Each state has its own SIC with its own portal. A few examples:

• Maharashtra SIC — sic.maharashtra.gov.in
• Karnataka SIC — kic.karnataka.gov.in
• Tamil Nadu SIC — tnsic.tn.gov.in
• Kerala SIC — keralasic.gov.in
• MP SIC — sic.mp.gov.in
• UP SIC — upsic.up.nic.in
• Rajasthan SIC — rti.rajasthan.gov.in
• Delhi (UT — but treated state-wise) — dic.delhi.gov.in

When in doubt, look at who is the competent administrative authority over the PA. If salaries are paid from the Consolidated Fund of India → CIC. From the Consolidated Fund of the State → SIC.

• 90 days from FAA decision date (date you received the order, not the date the order was passed).
• 90 days from when FAA decision was due (i.e., 45 days from First Appeal filing) — if FAA didn't decide.
• Beyond 90 days — the CIC / SIC can condone delay for “sufficient cause” under §19(3) proviso. Sufficient cause includes serious illness, transit delay, court vacations, postal failures with proof. File a separate “Petition for Condonation of Delay” along with the appeal explaining the cause with supporting evidence (medical certificate, postal receipt, etc.).

Mark Day 90 from the relevant trigger date. Compile:

1. Original RTI application (with proof of filing — Speed Post tracking / online registration).
2. PIO's response (or evidence of non-response).
3. First Appeal cover letter (with proof of filing).
4. FAA's order (or evidence of non-decision after 45 days).
5. Index of dates (a single chronology — date of RTI, date PIO responded, date First Appeal filed, date FAA decided).
6. Grounds of appeal (a 2-3 page document explaining why the FAA's order is wrong in law or fact).
7. Affidavit (in some states — e.g., Maharashtra and TN SICs ask for a sworn affidavit; check state portal).

* CIC online (recommended for central PAs):

1. Go to cic.gov.in → “Online Appeal”.
2. Register with PAN-based account (one-time).
3. Fill Form B — the prescribed CIC second-appeal form.
4. Upload PDFs of all annexures (max ~10 MB per file).
5. Submit. You get a Diary Number instantly. Bookmark the case page.

* SIC portal (state-specific): Most states now have online filing — workflow is similar to CIC. A few SICs (smaller states) still require offline filing. * Postal — Speed Post to CIC / SIC address: Two sets of papers. CIC requires one extra set for the bench. SIC requirements vary — most ask for two sets. * In-person at the Commission's reception: Same number of sets. Get receipt with diary number.

Form B (CIC) has prescribed fields. The typical structure:

FORM B — APPEAL UNDER SECTION 19(3) OF THE RTI ACT, 2005

To,
The Registrar,
Central Information Commission,
Baba Gangnath Marg, Munirka,
New Delhi - 110067

[OR, for state — name + address of SIC]

1. Name and address of the appellant:
   [Full name, postal address, phone, email]

2. Name and address of the Public Information Officer:
   [PIO designation, PA name, address]

3. Name and address of the First Appellate Authority:
   [FAA designation, PA name, address]

4. Particulars of the RTI application:
   - RTI No.: [XX]
   - Date filed: [DD/MM/YYYY]
   - Mode of filing: [Online / Speed Post / Hand]
   - Information sought (in brief): [3-4 lines]

5. Particulars of decision of PIO:
   - Date of receipt of PIO's decision: [DD/MM/YYYY]
   - Brief facts of the decision: [2-3 lines]
   [If no response: "PIO did not respond within 30 days; deemed
    refusal under §7(2) operative from [DD/MM/YYYY]"]

6. Particulars of First Appeal:
   - Date filed: [DD/MM/YYYY]
   - Date of receipt of FAA's decision: [DD/MM/YYYY]
   - Brief facts of FAA's decision: [2-3 lines]
   [If no decision: "FAA has not decided within 45 days; constructive
    dismissal under §19(6) operative from [DD/MM/YYYY]"]

7. Grounds of appeal:
   (a) The PIO and FAA have failed to apply the rule laid down in
       Aditya Bandopadhyay v. CBSE (2011) 8 SCC 497 that disclosure
       is the default and exemptions are to be construed narrowly.
   (b) The PIO has invoked §8(1)(?) without discharging the burden
       of proof imposed by Bhagat Singh v. CIC (Delhi HC, 2007).
   (c) The information sought is not exempt under §8 or §9 because
       [specific factual / legal argument — e.g., "post-award tender
       records are public; CIC has held this in multiple orders
       including [cite if known]"].
   (d) The PIO has charged excess fee / not provided information
       free even though the 30-day deadline was breached (§7(6)).
   (e) [Any other ground.]

8. Prayer: I respectfully pray that this Hon'ble Commission may be
   pleased to:
   (a) Direct the Public Authority under §19(8)(a) to provide the
       information sought in my RTI application, free of cost in view
       of §7(6).
   (b) Impose penalty under §20(1) on the PIO for malafide refusal /
       wilful obstruction, at ₹250 per day of delay, up to ₹25,000.
   (c) Recommend disciplinary action against the PIO under §20(2).
   (d) Pass any other order this Hon'ble Commission may deem fit.

9. Verification:
   I, [Name], the appellant above-named, do hereby verify that the
   contents of paragraphs 1 to 8 of this appeal are true to the best
   of my knowledge and belief and nothing material has been concealed
   therefrom.

   Verified at [Place] on [DD/MM/YYYY].

[Signature]
[Name of Appellant]
[Date]

ANNEXURES:
   1. Copy of RTI application + proof of filing
   2. Copy of PIO's response (or non-response evidence)
   3. Copy of First Appeal + proof of filing
   4. Copy of FAA's order (or non-decision evidence)
   5. Index of dates
   6. [Affidavit, if state requires]

• Online: instant Diary Number; you can track status on cic.gov.in / SIC portal.
• Postal: get the Speed Post tracking number; the CIC / SIC sends an acknowledgement card with the diary number within 2-4 weeks.

Realistic timelines (2025-26):

• CIC: 6-18 months from filing to first hearing (backlog has improved since 2023 with virtual hearings).
• State SICs: 4-12 months at most; some smaller-state SICs now hear within 60-90 days.

You can request early hearing if:

• You are a senior citizen (60+) or person with disability.
• The matter involves life and liberty (§7(2) information).
• Public interest is acute (election-related, scheme rollout deadlines).

File a brief application: “Application for early hearing under [CIC Procedure Regulations]”. Email to registry @cic.gov.in with diary number.

Most hearings since 2020 are virtual — Zoom / WebEx / NIC video conferencing. You'll get a hearing notice 2-3 weeks in advance with the link.

• Who attends: the appellant (you), the PIO, the FAA, sometimes the Head of Department of the PA. CIC / SIC bench (one or two Information Commissioners).
• Format: the Commissioner reads out the case briefly, asks the appellant to make submissions (5-15 minutes), then the PIO responds (5-15 minutes). Brief exchange. The Commissioner may dictate an interim or final order on the spot.
• Documents to keep handy: all annexures, your case-law photocopies (Aditya Bandopadhyay, Bhagat Singh, RBI v. Jayantilal Mistry, CJI Office, Subhash Chandra Agrawal), and a one-page summary of grounds.
• Etiquette: address the bench as “Hon'ble Commissioner”. Keep tone respectful. Don't interrupt the PIO; you'll get rebuttal time.

The Commission's order arrives by post / email / portal within 2-8 weeks of hearing. Possible outcomes:

• Allowed — direction to PA to disclose, often within 15-30 days, free of cost.
• Allowed with §20 penalty — disclosure direction + penalty on PIO (₹250/day, max ₹25,000).
• Partially allowed — some disclosure, some legitimately withheld.
• Dismissed — refusal upheld. You can then approach the High Court under Article 226 (writ).
• Remanded — sent back to PIO / FAA for fresh consideration with directions.

If the PA complies — done. If the PA defies the CIC/SIC order:

• Write to the Registrar of CIC / SIC seeking enforcement.
• Apply for fresh §20 penalty proceedings on the disobedience.
• Approach the High Court for a mandamus writ to enforce the Commission's order.

The most powerful provision in the RTI Act for the citizen.

• §20(1) — penalty: ₹250 per day of delay, maximum ₹25,000, imposed personally on the PIO. The PIO has the right to be heard before penalty is imposed (principles of natural justice).
• §20(2) — disciplinary action: Commission can recommend disciplinary action under the PIO's service rules. The PA must initiate the inquiry; the Commission has no direct disciplinary power.
• Standard of proof: PIO must show that the refusal / delay was for “reasonable cause” — failing which, penalty follows almost automatically.

The CIC has imposed penalties in landmark cases including denial of information about MPLAD funds, electoral expenditure, and PSU appointment processes. SICs vary — some are aggressive (Karnataka, Kerala), some are mild.

• Aditya Bandopadhyay v. CBSE (2011) 8 SCC 497 — disclosure is the default; §8 exemptions read narrowly. Citizen's motive irrelevant. Even examination answer scripts are disclosable.
• Bhagat Singh v. Chief Information Commissioner (Delhi HC, WP(C) 3114/2007, 03-12-2007) — burden of proving §8 exemption lies on PIO.
• Khanapuram Gandaiah v. Administrative Officer & Others (2010) 2 SCC 1 — citizen cannot demand “reasons” for a quasi-judicial decision under RTI; can only ask for the records.
• RBI v. Jayantilal N. Mistry (2015) 12 SCC 38 — RBI inspection reports of banks disclosable; “fiduciary relationship” §8(1)(e) read very narrowly. Public authorities defined broadly.
• CBI v. Subhash Chandra Agrawal (2017) — even CBI documents, in non-investigative non-§24 categories, disclosable.
• Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agrawal (2019) 18 SCC 459 — even the office of the Chief Justice of India is a “public authority” under RTI; SC judges' assets disclosable subject to §8(1)(j) test.
• Girish Ramchandra Deshpande v. CIC (2013) 1 SCC 212 — service records of individual govt servants partially protected under §8(1)(j).
• Namit Sharma v. Union of India (2013) 1 SCC 745 — Information Commissioners' status, eligibility and procedural standards.

+-----------------------------------+--------------------------------------+
| Second Appeal fee (CIC)           | NIL.                                 |
+-----------------------------------+--------------------------------------+
| Second Appeal fee (most SICs)     | NIL. A few states (Tamil Nadu, MP)   |
|                                   | have token ₹10-₹50 — verify on SIC   |
|                                   | portal.                              |
+-----------------------------------+--------------------------------------+
| Second Appeal deadline            | 90 days from FAA decision OR from    |
|                                   | when FAA decision was due (45 days   |
|                                   | from First Appeal). §19(3).          |
+-----------------------------------+--------------------------------------+
| CIC / SIC hearing waiting period  | CIC: 6-18 months. SIC: 4-12 months.  |
|                                   | Early hearing for senior citizens /  |
|                                   | disability / urgent public interest. |
+-----------------------------------+--------------------------------------+
| §20 penalty on PIO                | ₹250/day of delay, max ₹25,000.      |
|                                   | Personal liability of PIO.           |
+-----------------------------------+--------------------------------------+
| §20(2) disciplinary action        | Commission recommends; PA initiates  |
|                                   | inquiry under service rules.         |
+-----------------------------------+--------------------------------------+
| §19(8)(b) compensation            | For loss / detriment suffered.       |
|                                   | Rarely awarded but available.        |
+-----------------------------------+--------------------------------------+
| Writ petition (Art. 226) at HC    | Court fee varies state-wise (₹200    |
|                                   | to ₹2,000). Usually requires lawyer. |
+-----------------------------------+--------------------------------------+

• Time-barred — filed after 90 days without “sufficient cause” condonation petition. File the condonation petition simultaneously with the appeal, with supporting evidence.
• First Appeal not filed — Second Appeal jurisdiction requires FAA stage to be exhausted (or 45 days lapsed). File First Appeal first; restart the clock.
• Same matter already decided by court — res judicata. If a writ on the same facts was dismissed, Second Appeal is barred.
• §8 exemption legitimately invoked — particularly §8(1)(a) (sovereignty / strategic), §8(1)(g) (information that would endanger life), or §24 (intelligence and security organisations listed in Second Schedule, excluded entirely).
• §9 — third-party copyright — if information involves another's copyright, conditional disclosure or refusal is permitted.
• Frivolous / vexatious appeal — repeat appeals on closed matters; CIC/SIC can dismiss with strong words.
• Personal information in §8(1)(j) wrongly invoked but Commission accepts — counter by showing larger public interest.
• PA outside CIC/SIC jurisdiction — e.g., a state PA appealed at CIC. The appeal is returned for refiling at the right Commission.

If the PA complies with the disclosure but the PIO escapes penalty in the original order, you can file a separate application requesting fresh §20 proceedings — particularly if the disobedience continued after the order. Address to the Registrar with the original diary number.

Filed at the High Court of competent jurisdiction. Used when:

• The Commission's order is perverse (no reasonable Commission would have arrived at it).
• The Commission has acted in excess of jurisdiction or in violation of natural justice.
• The Commission has refused to apply binding Supreme Court / High Court precedent.

Bhagat Singh v. CIC is the canonical example — a citizen successfully reversed an erroneous CIC order denying CBI material. Court fee + advocate cost typically ₹15,000-50,000. Free Legal Aid Cell at the High Court can help if you can't afford an advocate.

Extremely rare for RTI matters. Generally only if a constitutional question of law arises or a conflict of two High Courts. Most SLPs in RTI go through Article 136 jurisdiction.

If the PA wilfully ignores even a writ order, contempt proceedings under the Contempt of Courts Act, 1971 are available. Separately, CPGRAMS complaints to the relevant Ministry / Department secretariat can yield administrative pressure.

Q. Can I appear through an advocate at CIC / SIC hearings?
There is no statutory bar on advocate representation, but RTI is designed for self-representation. The CIC has held that advocates can appear, but informally many Commissioners discourage it for citizen-side appeals (the PA may bring a senior officer, but rarely an advocate).

Q. Can I bring a friend or relative to assist me at the hearing?
Yes. Many citizens are accompanied by family or RTI activists. The Commissioner may allow them to make submissions if you request — or you can have them sit silently and prompt you on facts.

Q. The CIC website registration requires PAN. I don't have one. What now?
File offline by Speed Post to CIC, Munirka, New Delhi. Online filing at most SICs also requires Aadhaar / PAN; if you have neither, file offline.

Q. The CIC has imposed §20 penalty but the PIO refuses to pay. How do I enforce?
The penalty is recovered as arrears of land revenue under §20(1) proviso. The Commission writes to the PA, which deducts from the PIO's salary. If not deducted, write back to the Commission's Registrar; Commission can issue further directions.

Q. The Information Commission is heavily backlogged in my state. Can I bypass it?
No. §19(3) creates exclusive jurisdiction. You can apply for early hearing on grounds of senior citizen / disability / urgency. You can also file a writ at the High Court for mandamus asking the SIC to dispose of the appeal in a time-bound manner.

Q. I want to argue the PA is a “public authority” under §2(h) but the PA disputes this. Will Second Appeal decide?
Yes — this is one of the threshold questions Information Commissions decide all the time. Cite Thalappalam Service Cooperative Bank Ltd. v. State of Kerala (2013) 16 SCC 82 (cooperative banks not public authorities unless substantially funded), D.A.V. College Trust v. Director of Public Instructions (2019) 9 SCC 185 (substantially funded NGOs), and CJI Office case (2019) for the broad view.

Q. The Information Commissioner who heard my matter retired before passing the order. What now?
The matter is typically reassigned to another Commissioner who may rehear or decide on the existing record. You'll get a notice. If the new Commissioner doesn't issue an order within reasonable time, write to the Chief Information Commissioner.

Q. Can I file Second Appeal on behalf of someone else (e.g., my elderly parent)?
Yes — with a written authorisation from the original applicant. The applicant is the rights-holder; you are the representative. Carry the authorisation letter to the hearing.

Q. The hearing is scheduled when I'm out of town. Can I get adjournment?
Yes. Write a brief application for adjournment to the Registrar at least 7 days before the hearing date, citing the reason. Adjournments are usually granted once or twice.

• How to write an effective RTI application — complete 2026 guide
• How to file First Appeal under §19(1) — complete 2026 guide
• How to claim RTI fee waiver as BPL cardholder — complete 2026 guide
• RTI in 12 simple steps — for first-time filers
• All Indian government helplines — one master directory
• RTI forms + state-wise fee chart

Last reviewed: 26 April 2026 by RTI Wiki editorial team. CIC and SIC procedural regulations evolve; verify current procedure on cic.gov.in or your state SIC portal, or write to admin@bighelpers.in if you spot a stale citation.