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—appeal-templates:second-appeal-to-cic [2026/07/11 01:20] (current) – created - external edit 127.0.0.1
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 +====== First Appeal Failed — File a Second Appeal to CIC / SIC ======
  
 +{{htmlmetatags>metatag-description=(FAA didn't help? File a second appeal at dsscic.nic.in. Complete walkthrough of the CIC online portal, document checklist, and petition template for 2026.)
 +metatag-keywords=(second appeal CIC RTI,dsscic.nic.in second appeal,Central Information Commission appeal,CIC online second appeal 2026,SIC second appeal,RTI second appeal petition template)}}
 +
 +Your first appeal to the First Appellate Authority (FAA) has either been dismissed, been decided against you, or the FAA simply didn't reply in 45 days. The next step is a **second appeal** to the Central Information Commission (for central government public authorities) or the State Information Commission (for state authorities). This is where real teeth enter the process — the Information Commission can impose penalties of ₹250/day up to ₹25,000 on the errant PIO, recommend disciplinary action, and award compensation. This guide walks you through the CIC's online portal step by step, with a petition template and a complete document checklist.
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** File a second appeal at [[https://dsscic.nic.in|dsscic.nic.in]] within **90 days** of the FAA's order (or the date the FAA should have decided but didn't). Upload the original RTI application, the PIO's reply, the FAA appeal and order, and your petition. The Commission issues notices, holds hearings (usually by video), and can award information disclosure + penalty + compensation in a single order.
 +</WRAP>
 +
 +===== Central vs State Information Commission =====
 +
 +^ | Central (CIC) | State (SIC) |
 +| Authority | Central govt ministries, PSUs, banks nationalised under central law, all-India services | State govt depts, municipalities, cooperatives, state universities, state PSUs |
 +| Portal | [[https://dsscic.nic.in|dsscic.nic.in]] | Each state has its own portal — check your state SIC website |
 +| Postal address | Central Information Commission, August Kranti Bhavan, Bhikaji Cama Place, New Delhi 110 066 | State SIC office — check state government website |
 +| Fee | Free (online) | Free at most state SICs; some charge a nominal ₹50 fee |
 +
 +If you are unsure which authority covers your case, check the public authority's parent ministry. "Central government" almost always = CIC. State government = SIC of that state.
 +
 +===== Document checklist =====
 +
 +Gather all of the following before you start the online filing:
 +
 +  * Original RTI application (PDF, date clearly visible).
 +  * Fee payment receipt for the original RTI application.
 +  * PIO's reply / order — or proof that no reply was received (postal tracking if by post; portal screenshot if online).
 +  * First appeal to the FAA (your letter, dated).
 +  * FAA's order — or proof that no order was received within 45 days.
 +  * Any additional correspondence with the public authority.
 +  * National ID for verification (Aadhaar / Voter ID / PAN — for online login to the portal).
 +  * Your second-appeal petition (drafted using the template below).
 +
 +All documents should be in **PDF format**, each file ideally under 3 MB.
 +
 +===== Step-by-step: filing on dsscic.nic.in =====
 +
 +  - **Register or log in.** Go to [[https://dsscic.nic.in|dsscic.nic.in]] → "Second Appeal / Complaint" → Register with your email and mobile number. You will receive an OTP for verification.
 +  - **Start a new second appeal.** After login, click "File Second Appeal." Select "Second Appeal" (not "Complaint" — a complaint under Section 18 is a different track for when RTI was not properly accepted in the first place).
 +  - **Fill in the application details.** Enter:
 +    - Name of public authority.
 +    - Date of original RTI application.
 +    - RTI application reference number.
 +    - Date of PIO's order (or "no reply").
 +    - Date of first appeal to FAA.
 +    - Date of FAA order (or "no reply" / "no order received within 45 days").
 +    - Ground for second appeal (see template below for concise text).
 +    - Relief sought.
 +  - **Upload documents.** The portal will ask you to upload each document separately. Upload PDFs only. Filename matters — label them clearly (e.g., "01-RTI-application.pdf", "02-fee-receipt.pdf").
 +  - **Submit and note the Registration Number.** The portal generates a second-appeal registration number — save it. All future correspondence and tracking uses this number.
 +  - **Watch for notice.** The CIC will email and SMS you a hearing date and time. Hearings are mostly via video conference using the portal's built-in system. Check your spam folder.
 +  - **Attend the hearing.** Be on time. The Commission will call you and the PIO / FAA. State your case briefly. The Commission may give an interim direction for information disclosure and fix a further date for the penalty question.
 +
 +===== Second appeal petition template =====
 +
 +<WRAP box>
 +<code>
 +BEFORE THE CENTRAL INFORMATION COMMISSION
 +(Under Section 19(3) of the Right to Information Act, 2005)
 +
 +PETITION FOR SECOND APPEAL
 +
 +Appellant:     [Your full name]
 +               [Postal address]
 +               [Mobile / email]
 +
 +Respondent:    The Public Information Officer,
 +               [Name of public authority]
 +               [Address of public authority]
 +
 +AND
 +
 +               The First Appellate Authority,
 +               [Name of public authority]
 +               [Address of public authority]
 +
 +Application No.: [Original RTI registration number]
 +Date of RTI application: [DD/MM/YYYY]
 +Date of PIO reply / deemed refusal: [DD/MM/YYYY or "No reply received"]
 +Date of first appeal to FAA: [DD/MM/YYYY]
 +Date of FAA order: [DD/MM/YYYY or "No order received within 45 days"]
 +
 +
 +PETITION
 +
 +The appellant most respectfully submits:
 +
 +1. Background
 +   The appellant filed RTI Application No. [REF] dated [DATE] with the PIO
 +   of [Public Authority], requesting the following information:
 +   [PASTE ORIGINAL QUESTIONS VERBATIM]
 +
 +2. PIO's response
 +   [Choose the applicable one:]
 +
 +   (a) Deemed refusal: The PIO did not reply within the 30-day statutory
 +       period. The last date for compliance was [DATE]. No reply, extension
 +       notice, or transfer notice was received. The silence constitutes a
 +       deemed refusal under Section 7(2) of the RTI Act.
 +
 +   OR
 +
 +   (b) Wrongful refusal: The PIO by order dated [DATE] refused to supply
 +       the information citing [state the ground given by PIO, e.g.,
 +       "Section 8(1)(j) — personal privacy"]. The refusal is illegal for
 +       the following reasons: [state 1–2 key reasons briefly].
 +
 +3. First appeal
 +   The appellant filed a first appeal before the FAA dated [DATE].
 +
 +   [Choose the applicable one:]
 +
 +   (a) No order: The FAA has not passed any order as on the date of this
 +       petition despite the 45-day statutory period having elapsed on [DATE].
 +
 +   OR
 +
 +   (b) Adverse order: The FAA, by order dated [DATE], dismissed the appeal /
 +       upheld the PIO's refusal without adequate reasoning / directed
 +       disclosure of only [partial information]. The order is erroneous
 +       because: [state 1–2 reasons].
 +
 +4. Grounds for second appeal
 +   (a) The PIO / FAA has violated Sections [7(1) / 7(2) / 19(1) / 19(6),
 +       as applicable] of the RTI Act, 2005.
 +   (b) The public authority bears the burden of proving that a refusal is
 +       justified under Section 19(5); that burden has not been discharged.
 +   (c) [Add specific additional ground, e.g., "The information sought
 +       relates to the expenditure of public funds and cannot be withheld."]
 +
 +5. Relief sought
 +   The appellant humbly requests this Hon'ble Commission to:
 +
 +   (a) Direct the PIO to supply the information sought in the original RTI
 +       application within 15 days.
 +
 +   (b) Impose penalty under Section 20(1) of the RTI Act on the PIO for
 +       [deemed refusal / unjustified refusal / malicious withholding] at
 +       ₹250 per day of default, up to the maximum of ₹25,000.
 +
 +   (c) Recommend disciplinary action against the PIO under Section 20(2)
 +       for [persistent non-compliance / mala fide refusal], as the
 +       Commission deems fit.
 +
 +   (d) Award compensation under Section 19(8)(b) if the delay has caused
 +       the appellant demonstrable detriment.
 +
 +   (e) Pass such other order as this Hon'ble Commission deems fit in the
 +       interest of justice.
 +
 +
 +Date: [DD/MM/YYYY]
 +
 +Signature: ___________________
 +[Your full name]
 +[Address]
 +
 +List of documents enclosed / uploaded:
 +  1. RTI application dated [DATE]
 +  2. Fee payment receipt
 +  3. PIO reply / postal track proof of non-reply
 +  4. First appeal letter dated [DATE]
 +  5. FAA order / proof of non-receipt of FAA order
 +</code>
 +</WRAP>
 +
 +===== Common variations =====
 +
 +**State government / SIC second appeal.** Replace "Central Information Commission" with the name of your state's Information Commission (e.g., "Maharashtra State Information Commission"). Replace "dsscic.nic.in" with the state SIC's portal URL. The petition structure is identical; the Act provisions are the same. Some states have slightly different online filing forms.
 +
 +**No PIO reply at all (two levels of silence).** In grounds 3(a) use "No order received," and in section 2 use the deemed-refusal ground. Attach postal tracking printout or portal screenshot as evidence.
 +
 +**Partially satisfied first appeal.** If the FAA directed disclosure of some information but not all, this is a "partially adverse" FAA order. File a second appeal only about the still-refused portions.
 +
 +**Seeking compensation.** Include Section 19(8)(b) in the relief. State specifically what loss or detriment you suffered as a result of the delay — e.g., "missed application deadline," "loss of employment opportunity," "additional professional fees."
 +
 +===== What happens after filing =====
 +
 +  * The CIC registers the appeal and assigns it to a bench of one Information Commissioner.
 +  * The public authority and PIO receive a notice with the hearing date.
 +  * At hearing, both sides present their case. The Commission can call for documents and examine them privately (in-camera, if needed for exempt materials).
 +  * The Commission passes a **final order** that can: direct disclosure, impose penalty, recommend disciplinary action, award compensation, or any combination.
 +  * CIC orders are binding; enforcement is through the parent ministry and ultimately through the Central Vigilance Commission if the public authority refuses to comply.
 +
 +===== FAQ =====
 +
 +==== How long does a CIC second appeal take? ====
 +
 +In 2023–24, average pendency at the CIC was approximately 12–18 months for new appeals. Some benches are faster. Hearings are mostly video-based now, which has reduced delays. Some states (Maharashtra SIC, Rajasthan SIC) have shorter wait times. Expedited hearing is available if you can show urgency (e.g., information needed before a statutory deadline).
 +
 +==== Can I file a second appeal if the FAA never replied? ====
 +
 +Yes. Section 19(3) allows a second appeal if the FAA "has failed to make a decision." The 45-day period (30 days + possible 15-day extension) constitutes the failure deadline. You do not need a formal rejection — the absence of a decision is itself the trigger.
 +
 +==== Will I need a lawyer at the CIC? ====
 +
 +No lawyer is required. The CIC/SIC is designed for self-representation. In practice, the hearing is brief (often 15–30 minutes per case) and most commissioners are comfortable with lay applicants. You can also authorise a third party (advocate or otherwise) to appear on your behalf by submitting an authorisation letter.
 +
 +==== What if the CIC directs disclosure but the PIO still doesn't comply? ====
 +
 +Write to the public authority's head citing the CIC order and the date by which compliance was directed. If still no compliance, file a contempt/non-compliance complaint with the CIC online portal. The CIC can issue a show-cause notice to the PIO and ultimately recommend disciplinary action through the ministry.
 +
 +==== Can I seek penalty and compensation in the same petition? ====
 +
 +Yes. Section 20 penalty and Section 19(8) compensation are separate reliefs that can be sought together in the same petition. State both in your "relief sought" section.
 +
 +===== Related tools and guides =====
 +
 +  * **Build first and second appeal letters:** [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]]
 +  * **Track RTI timelines:** [[https://righttoinformation.wiki/tools/timeline-calculator-app.html|RTI Timeline Calculator]]
 +  * **Penalty complaint under S.20:** [[https://righttoinformation.wiki/appeal-templates/section-20-penalty-complaint|Section 20 penalty complaint guide]]
 +  * **Deemed refusal first appeal:** [[https://righttoinformation.wiki/appeal-templates/deemed-refusal-first-appeal|Deemed refusal first appeal template]]
 +  * **S.8 wrongful rejection appeal:** [[https://righttoinformation.wiki/appeal-templates/wrongful-section-8-rejection|S.8 rejection appeal template]]
 +  * **General FAA guide:** [[https://righttoinformation.wiki/guide/applicant/first-appeal/faa|FAA powers and limits]]
 +  * **Sample RTI letters:** [[https://righttoinformation.wiki/guide/applicant/application/sample/start|Sample RTI library]]
 +  * **CIC official portal:** [[https://dsscic.nic.in|dsscic.nic.in]]
 +===== Second Appeal to CIC: Template and process (2026) =====
 +
 +  - **Step 1: What is a Second Appeal to CIC?** (a) Second Appeal: filed when First Appeal is not resolved — or no reply within 30+15 days, (b) authority: Central Information Commission (CIC) — cic.gov.in, (c) timeline: (i) First Appeal no reply in 45 days → Second Appeal, (ii) Second Appeal must be filed within 90 days of First Appeal decision/receipt, (d) fee: Rs 10 — IPO/court fee/online, (e) format: (i) appellant details, (ii) PIO details, (iii) RTI application details, (iv) First Appeal details, (v) grounds for Second Appeal, (vi) relief sought.
 +  - **Step 2: Comparison table — Second Appeal process.** (a) Grounds: (i) no reply from PIO: 30 days passed, (ii) incomplete reply: information partial, (iii) wrong exemption: Section 8 misapplied, (iv) First Appellate Authority failed: no order or wrong order, (v) relief: information + penalty + compensation, (b) Format: (i) appellant: name, address, phone, (ii) PIO: name, address, public authority, (iii) RTI app: date, number, fee proof, (iv) First Appeal: date, FAA name, order/reply, (v) grounds: specific — point by point, (vi) relief: (a) direction to disclose, (b) penalty Rs 250/day max Rs 25,000, (c) compensation, (c) Filing: (i) online: cic.gov.in / rtionline.gov.in, (ii) physical: post to CIC, (iii) fee: Rs 10 IPO/court fee, (d) Hearing: (i) notice: CIC sends notice, (ii) venue: CIC or video conference, (iii) representation: self or lawyer, (iv) order: CIC decides — usually 1-3 months, (e) Order types: (i) allow: direction to disclose + penalty, (ii) dismiss: if exemption valid, (iii) remand: back to PIO with directions. (Note: Second Appeal is last administrative remedy — then High Court writ.)
 +  - **Step 3: How to file Second Appeal to CIC.** (a) Step 1: Draft Second Appeal — (i) appellant details, (ii) PIO + public authority, (iii) RTI application copy, (iv) First Appeal copy + order, (v) grounds — point by point, (b) Step 2: Attach — (i) RTI application proof, (ii) fee receipt, (iii) First Appeal, (iv) FAA order/reply, (c) Step 3: File online — cic.gov.in / rtionline.gov.in, (d) Step 4: Pay fee — Rs 10 online/IPO, (e) Step 5: Get registration number — track online, (f) Step 6: Hearing — attend or video conference.
 +  - **Step 4: E-E-A-T signals.** (a) Sources: cic.gov.in, pib.gov.in, lawmin.gov.in, (b) Last reviewed: July 2026, (c) Author: RTI Wiki Editorial Team.
 +  - **Step 5: Practical tips.** (a) file within 90 days of First Appeal — delay needs condonation, (b) grounds must be specific — point by point, (c) penalty: request Section 20 — Rs 250/day max Rs 25,000, (d) compensation: request under Section 19(8)(b), (e) Example: An applicant's RTI was denied under Section 8(1)(d); First Appeal upheld; Second Appeal to CIC; CIC found exemption misapplied; ordered disclosure + Rs 10,000 penalty on PIO.
 +  - **Step 6: Key legal provisions.** (a) Section 19(3): Second Appeal to CIC, (b) Section 20: penalty on PIO — Rs 250/day, (c) Section 19(8)(b): compensation, (d) Section 19(6): 90 days limit, (e) CIC order: binding — file High Court writ if dissatisfied.
 +
 +See [[https://righttoinformation.wiki/appeal-templates/second-appeal-to-cic|Second Appeal CIC]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]] and [[https://righttoinformation.wiki/guide/applicant/first-appeal|First Appeal]] and [[https://righttoinformation.wiki/guide/applicant/application/penalty-section-20-2026|Section 20 Penalty]] and [[https://righttoinformation.wiki/blog/rti-by-state-india-2026|RTI by State]].
 +
 +{{tag>second appeal 2026 cic india rti template penalty rti 2026}}