RTI Second Appeal under Section 19(3)

A Second Appeal under Section 19(3) of the RTI Act, 2005 is the final statutory remedy when the First Appellate Authority order is unsatisfactory or the FAA does not decide in time. It is filed with the Central Information Commission (CIC) for Central public authorities or the State Information Commission (SIC) for State public authorities, within 90 days of the FAA order or the expiry of the FAA's 45-day decision window.

Part of the PIO / FAA Knowledge Base.

• Legal basis — Section 19(3), RTI Act, 2005.
• When — within 90 days of the FAA's order, or after 45 days if the FAA did not decide.
• To whom — Central Information Commission (Central) or State Information Commission (State).
• Commission powers — §19(8) — direct disclosure, award compensation, initiate §20 penalty, direct §4(1)(b) compliance.
• Disposal — Commission orders are binding; enforcement is via writ under Article 226.
• Before second appeal — keep the original RTI, First Appeal, PIO reply, FAA order or proof of non-disposal together.

Section 19(3): 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: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

• CPIO, Supreme Court v. Subhash Chandra Agarwal (SC 2019) — Information Commission must apply §8(1)(j) public-interest balancing; appellate review is substantive.
• Namit Sharma v. Union of India (SC 2013 (cited)) — Commissions exercise quasi-judicial power; reasoned orders mandatory.
• CIC Full Bench on political parties (CIC 2013) — Commission power to bind public authorities to §4(1)(b) compliance.
• Anjali Bhardwaj v. Union of India (SC 2019) — Commission vacancies and speedy disposal are rights-critical.

Browse the full case-law database — 362 curated rulings for more.

BEFORE THE CENTRAL / [NAME] STATE INFORMATION COMMISSION

Second Appeal under Section 19(3) of the RTI Act, 2005

Appeal No. [to be allotted]

In the matter of:
    [Your name]                                               ... Appellant

    Versus

    [PIO designation + public authority]                      ... Respondent-1
    [FAA designation + public authority]                      ... Respondent-2

Brief facts:
1. I filed an RTI application dated [date] seeking [description].
2. The CPIO responded on [date] / did not respond within 30 days.
3. I filed a First Appeal on [date]. The First Appellate Authority
   [decided on date] / [did not decide within 45 days].
4. Aggrieved by the FAA order / non-decision, this Second Appeal is preferred.

Grounds of Second Appeal:
(i)   [Specific ground — e.g., FAA failed to apply §10 severance]
(ii)  [Specific ground — e.g., FAA affirmed without reasons]
(iii) [Specific ground — e.g., FAA did not consider §8(2) public interest]

Relief sought:
(i)   Set aside the FAA order dated [date];
(ii)  Direct Respondent-1 to furnish complete information;
(iii) Impose §20 penalty on the CPIO;
(iv)  Direct compensation to the appellant under §19(8)(b).

Annexures:
A — RTI application dated [date]
B — PIO reply dated [date]
C — First Appeal filed on [date]
D — FAA order dated [date] (if any)

[Signature]
[Name of Appellant]
[Address, phone, email]
[Date]

• Blanket invocation without a specific statutory anchor and reasoning.
• Skipping public-interest balancing under §8(2) where an override is plausible.
• Generic “sensitive” labels instead of the precise clause.
• Missing 30-day clock tracking — §7(1) drives downstream appeals.
• No severance attempt under §10 where parts of the record are disclosable.

Q1. Is there a fee for a Second Appeal?

No. §19(3) does not prescribe a fee. State Commissions are similarly fee-free except for copy charges.

Q2. Can I argue new grounds not raised at First Appeal?

Generally yes, with leave of the Commission — but a fresh claim not raised at First Appeal weakens your case.

Q3. How long does the CIC take?

Officially unlimited, but listing typically takes 6-18 months depending on backlog.

Q4. Can the Commission impose penalty on the PIO?

Yes under §20(1) — Rs 250/day of delay, up to Rs 25,000, and disciplinary recommendation under §20(2).

Q5. What if I disagree with the Commission order?

File a writ petition under Article 226 before the High Court. No statutory appeal lies.

• Sibling framework pages: §19(1) First Appeal Guide · §19(3) Second Appeal · §20 Penalty · §22 Override · §24 Exempt Bodies
• Procedure side: PIO Reply Guide · FAA Speaking-Order Guide
• §8 exemption deep-dives: §8(1)(j) · §8(1)(e) · §8(1)(h) · §8(1)(i)
• Full Act text: RTI Act with DPDP 2025 overlay
• Landmark rulings: 362 curated RTI cases

• PIO / FAA Knowledge Base (hub)
• All 10 grounds for RTI rejection
• Appellate review checklist
• RTI Glossary — 40 essential terms

• Right to Information Act, 2005.
• Digital Personal Data Protection Act, 2023, §44(3) — notified 14 November 2025.
• Supreme Court and High Court judgments cited above.
• Central Information Commission and State Information Commission decisions, as indexed in our case-law database.

Last reviewed: 24 April 2026.

RTI second appeal to CIC/SIC — complete guide on filing and winning at the Information Commission:

1. Step 1: What is a second appeal? (a) the second appeal — is the appeal — filed with the Information Commission — (Central Information Commission (CIC) — or the State Information Commission (SIC)) — after the first appeal — with the FAA — is not resolved, (b) the grounds: (i) the PIO — did not reply — within 30 days, (ii) the PIO — replied — but the information — is incomplete — or wrong — or refused — without the valid reason, (iii) the FAA — did not reply — within 30 days — or the FAA — upheld the PIO's refusal — without the valid reason, © the time limit: (i) within 90 days — of the FAA order — or the expiry of the FAA period (30+15=45 days), (ii) the Commission — can condone the delay — for the sufficient cause.
2. Step 2: How to file a second appeal with the CIC. (a) the CIC — is for the central public authorities — like the Ministries, the PSUs, the RBI, the SEBI, the UIDAI, the NHAI, etc., (b) the online filing: (i) visit the CIC website — cic.gov.in — and register, (ii) fill the second appeal — online — with: (a) the RTI application details, (b) the first appeal details, © the FAA order, (d) the grounds — for the second appeal, (e) the relief sought, (iii) upload the documents — and submit, © the offline filing: (i) send the second appeal — by post — to the CIC, New Delhi, (ii) with the copies — of the RTI application, the first appeal, the FAA order, and the correspondence, (d) no fee — for the second appeal — with the CIC.
3. Step 3: How to file a second appeal with the SIC. (a) the SIC — is for the state public authorities — like the state departments, the municipal corporations, the panchayats, the state PSUs, etc., (b) the filing: (i) visit the SIC website — of the respective state — and file online — if available, (ii) or send by post — to the SIC — with the copies — of the RTI application, the first appeal, the FAA order, © the fee: (i) some SICs — charge a fee — for the second appeal — like Rs 20 — or Rs 50 — check the state rules, (ii) some SICs — do not charge a fee — like the CIC.
4. Step 4: How to prepare for the second appeal hearing. (a) the documents: (i) carry the original RTI application — and the postal receipt, (ii) carry the first appeal — and the FAA order, (iii) carry the correspondence — and the evidence — like the AD, the speed post tracking, (b) the arguments: (i) the PIO — did not reply — within 30 days — cite Section 7(2) — the deemed refusal, (ii) the PIO — replied — but the information — is incomplete — cite the specific information — that is missing, (iii) the PIO — refused — citing Section 8(1)(j) — argue the public interest — that outweighs the privacy, (iv) the FAA — did not reply — within 30 days — cite Section 19(1) — the delay, © the legal provisions: (i) cite the RTI Act — Sections 6, 7, 8, 19, 20, (ii) cite the CIC/SIC orders — on the similar cases — to support the arguments, (iii) cite the Supreme Court — and the High Court — orders — on the RTI.
5. Step 5: What the Information Commission can do. (a) the Commission — can: (i) direct the PIO — to provide the information — within the specified time, (ii) impose a penalty — on the PIO — under Section 20(1) — up to Rs 25,000 — for the delay — or the refusal — without the valid reason, (iii) recommend disciplinary action — against the PIO — under Section 20(2) — for the persistent — or the wilful refusal, (iv) award the compensation — to the applicant — under Section 19(8)(b) — for the loss — or the detriment, (b) the Commission — cannot: (i) issue the orders — on the policy — or the administrative matters — beyond the RTI, (ii) override the Section 8 exemptions — unless the public interest — outweighs the exemption.
6. Step 6: Key CIC/SIC orders and precedents. (a) the CIC — has held — in numerous orders — that: (i) the PIO — must provide the information — in writing — and the oral reply — is not valid, (ii) the PIO — must cite the specific exemption — and the sub-clause — when refusing — and the generic refusal — is not valid, (iii) the FAA — must hear the applicant — before the order — and the ex-parte order — is not valid, (iv) the penalty — must be imposed — for the delay — or the refusal — without the valid reason, (b) the SICs — have held — similarly — and some SICs — have imposed the higher penalties — and the compensation — for the harassment.
7. Step 7: Practical tips. (a) file within 90 days (file the second appeal — within 90 days — of the FAA order — or the expiry — to avoid the dismissal — for the delay), (b) be specific (specify the information — that is sought — and the grounds — for the appeal — and the relief), © carry the evidence (carry the original documents — and the evidence — to the hearing), (d) cite the orders (cite the CIC/SIC orders — on the similar cases — to support the arguments), (e) seek the penalty (seek the penalty — on the PIO — under Section 20 — for the delay — or the refusal), (f) Example: An applicant — sought the asset details — of the public servants — the PIO refused — citing Section 8(1)(j) — the FAA upheld — the applicant filed the second appeal — with the CIC — the CIC held — that the assets — are in the public interest — and directed the PIO — to provide the information — and imposed a penalty — of Rs 25,000 — on the PIO — for the refusal — without the valid reason.

See Second Appeal CIC SIC and FAA Privacy Balancing.