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RTI Second Appeal to CIC or SIC — citizen guide 2026
Your RTI first appeal failed, or the First Appellate Authority stayed silent. The next step is a second appeal under section 19(3) of the RTI Act, 2005. File it with the Commission that supervises the public authority, ordinarily within 90 days, and attach a clean, signed record of the RTI, replies and first appeal. Ask for the information still due and state any other relief separately.
Quick answer: Use the Central Information Commission (CIC) for a Central Government public authority and the relevant State Information Commission (SIC) for a State or local public authority. File after the First Appellate Authority's decision, or after its maximum decision period has passed. Section 19(3) sets a 90-day filing period, but the Commission may condone delay for sufficient cause.
Appeal or complaint: choose the route before drafting
A second appeal is the normal route when you want the Commission to review a CPIO/SPIO or First Appellate Authority decision and order disclosure. A section 18 complaint addresses failures listed in that section, such as refusal to accept an application or inability to submit one because no PIO was appointed.
The CIC's own FAQ draws an important practical distinction: in a second appeal, the Commission may direct the CPIO to provide requested information in an appropriate case. A complaint is not a substitute for the appeal route when disclosure is the main relief. If in doubt, preserve the appeal deadline instead of waiting for a grievance reply.
| Your situation | Usually use |
|---|---|
| CPIO denied information or used an exemption you contest | First appeal, then second appeal |
| CPIO supplied incomplete, misleading or unrelated records | First appeal, then second appeal |
| No RTI reply, followed by no satisfactory first-appeal outcome | Second appeal after the FAA stage |
| Office refused to accept the RTI or no PIO was accessible | Section 18 complaint may apply |
| You only want action on a service grievance | Use the department's grievance route; RTI obtains records |
Which Commission has jurisdiction?
Look at the public authority, not your home address.
- CIC: Ministries and departments of the Union Government, Central public sector undertakings and other Central public authorities.
- SIC: State departments, municipal bodies, panchayats, State public sector bodies and other public authorities under that State.
- Mixed or transferred files: Follow the authority that issued the CPIO/SPIO or FAA decision. If the file moved, record each transfer and explain why the chosen Commission has jurisdiction.
The CIC cannot decide a second appeal against a State public authority. State procedures and fees may differ, so check the relevant SIC's official website and State RTI rules before filing.
The statutory clock, without the common section 19(6) mistake
Section 19(3) says the second appeal lies within 90 days from the date on which the first-appeal decision should have been made or was actually received. The proviso allows the Commission to admit a late appeal when sufficient cause prevented timely filing.
Section 19(6) is often misquoted as a 30-day deadline for the Information Commission. It actually refers to an appeal under section 19(1) or 19(2), meaning the first-appeal stage. It requires disposal in 30 days, extendable to a total of 45 days for reasons recorded in writing. The CIC's filing guideline therefore says a second appeal may be filed after 45 days from the first appeal where no FAA decision arrives, or immediately after the FAA decision.
Do not wait for a reminder, CPGRAMS response or informal assurance if that could consume the 90-day period. If you are already late, file with a short, truthful condonation request and evidence of the obstacle. Condonation is discretionary, not automatic.
Documents the CIC requires
The CIC's current second-appeal guideline, issued under the RTI Rules, 2012, lists the core registration documents:
- signed second appeal addressed to the Commission;
- copy of the original RTI application;
- copy of the first appeal;
- CPIO reply, if received;
- FAA order, if received;
- copies of records relied on;
- an index;
- self-attested or verified, legible copies;
- Hindi or English versions, or translations into one of those languages, for CIC filing;
- proof that a copy of the appeal was furnished to the public authority, where required by the guideline.
The RTI application, first appeal and second appeal must relate to the same information request. A second appeal is a review of that chain, not a place to add a new list of questions.
Write grounds that an Information Commission can decide
Start with a one-page chronology. Then compare each item sought with the response.
| Item sought | CPIO/FAA position | Your ground | Relief requested |
|---|---|---|---|
| Certified sanction order | “Not available” without a search record | No reasoned finding on record custody | Search identified sections and supply the held record or a certified statement of non-availability |
| File noting | Denied under section 8 without clause | Exemption not identified or explained | Apply the Act and provide the non-exempt record |
| Record contains exempt and non-exempt parts | Entire document withheld | Section 10 severability not considered | Redact the exempt portion and provide the remainder |
| Additional fee demanded | No calculation supplied | Section 7 communication incomplete | Give the calculation and lawful fee basis, then provide records |
Section 19(5) places the onus of justifying denial on the CPIO/SPIO in appeal proceedings. That does not remove your job of identifying the disputed items clearly. Avoid speeches about corruption that do not connect to the requested records.
Relief: ask precisely and keep penalty separate
The Commission's powers under section 19(8) include requiring access to information and other steps needed for compliance, awarding compensation for proven loss or detriment, imposing Act penalties and rejecting an application. Section 20 sets the conditions for a personal penalty on the PIO; it is not automatic merely because a reply was late.
A practical prayer can ask the Commission to:
- direct supply of the identified records in the requested available form;
- direct severance under section 10 where only part is exempt;
- waive further fee where section 7(6) applies to delayed information;
- consider compensation under section 19(8)(b), with evidence of the loss or detriment;
- consider section 20 action on the proved facts, after giving the PIO the process required by law.
Do not claim that a penalty will be paid to you. A section 20 penalty is imposed on the PIO under the Act; compensation under section 19(8)(b) is a separate remedy.
A compact second-appeal format
Before the Central / State Information Commission: [name] Appellant: [name and full contact address] Public authority: [name] CPIO/SPIO: [name or designation, if known] First Appellate Authority: [name or designation, if known] Second Appeal under section 19(3), RTI Act, 2005 1. Chronology RTI filed: [date and proof] CPIO reply received: [date / not received] First appeal filed: [date and proof] FAA order received: [date / not received] 2. Information still in dispute Item [number]: [short description] 3. Grounds [Explain the specific error, exemption issue, incomplete record, missing severability exercise or failure to decide the first appeal.] 4. Relief requested [List disclosure and any other relief separately.] 5. Declaration and verification The attached copies are true copies. The facts stated are true to my knowledge and records. Date, place and signature
Use the First Appeal Builder for the earlier stage and the AI RTI Drafter only as a drafting aid. Check every date and attachment yourself.
Filing, acknowledgement and tracking
For Central matters, the CIC website links to its official online appeal and complaint system at dss.cic.gov.in. The CIC notice states that the upgraded portal resumed online filing on 4 August 2026. Portal availability is an operational fact that can change; confirm it on the CIC homepage on filing day. Postal filing remains governed by the current official instructions.
After filing:
- save the submission receipt or postal proof;
- save the diary or registration number;
- check registration defects promptly;
- track status only on the Commission's official portal;
- check the official cause list and hearing notice;
- send link papers only through the channel stated by the Commission;
- preserve the final order and proof of compliance.
Our appeal-tracking guide explains how AI can organise notices without treating its output as an official status result.
Common mistakes
- Filing with CIC when the public authority belongs to a State.
- Filing a complaint when a second appeal is needed for disclosure.
- Counting 90 days from an invented date instead of the statutory trigger.
- Adding new questions not present in the original RTI.
- Uploading unsigned, illegible or unindexed documents.
- Asking only for punishment and forgetting to identify the information still due.
- Citing section 19(6) as a deadline for CIC/SIC disposal.
- Assuming an online acknowledgement means the appeal has passed scrutiny.
Frequently asked questions
Can I file a second appeal before the FAA decides?
If an FAA order arrives, you may proceed from that decision. If no decision arrives, the CIC guideline permits filing after the maximum 45-day first-appeal period. Preserve the section 19(3) clock.
Is the second-appeal deadline 90 days?
Yes. Section 19(3) uses 90 days from when the first-appeal decision should have been made or was actually received. A delayed appeal may be admitted for sufficient cause.
Does section 19(6) require the CIC to decide in 30 days?
No. Its text covers appeals under section 19(1) and 19(2), not a second appeal under section 19(3).
Is there a fee for a CIC second appeal?
The CIC FAQ states that no fee is required before the CIC. State rules can differ, so verify the relevant SIC's official rule.
Must every attachment be signed?
For CIC filing, the Commission says submitted documents must be signed, self-attested or verified, including uploaded copies.
Can the Commission order disclosure in a complaint?
The CIC FAQ distinguishes the routes and says disclosure directions may be made in an appropriate second appeal, while a section 18 complaint is not the same remedy.
Will requesting a section 20 penalty guarantee one?
No. The Commission applies the statutory conditions and gives the PIO an opportunity to explain. State the facts and keep the disclosure request central.
Can AI file or track my appeal reliably?
AI can organise text and dates, but it cannot replace the official Commission portal, notice, cause list or order. Verify every output against those records.
Checklist to save
Download or print a one-page checklist containing: jurisdiction, 90-day calculation, RTI copy, CPIO reply, first appeal, FAA order, index, signed verification, proof of service, relief requested and filing receipt. Keep it with The RTI Playbook.