Difference between an RTI complaint and a second appeal at CIC

This distinction trips up experienced RTI users. Filing the wrong type means delay and possible rejection. The Central Information Commission handles both, but through different legal tracks with different outcomes.

“Appeals address FAA orders or delayed decisions; complaints address broader grounds directly. Appeals may result in orders directing information disclosure; complaints cannot.” — CIC FAQ Q11

Use a second appeal when:

• The First Appellate Authority (FAA) decided against you — you want CIC to overturn it
• The FAA did not decide within 45 days of your first appeal
• You received information but it was incomplete and the FAA did not direct full disclosure

The second appeal must be filed within 90 days of the FAA's decision or the expiry of the 45-day decision window. CIC can extend this with sufficient cause (condonation of delay).

Outcome: CIC can order the CPIO to provide the information, impose a penalty up to ₹25,000 on the CPIO, and recommend disciplinary action.

Use a complaint when:

• No CPIO has been appointed by the public authority
• You were refused access to inspect records without good reason
• The CPIO charged fees beyond the prescribed amount
• You were given false, incomplete, or misleading information
• You could not file an RTI because of some obstruction

Complaints have no specific time limit, though filing reasonably soon after the grievance arises is expected. No first appeal is required before filing a complaint — you can go directly to CIC.

Outcome: CIC can investigate and impose penalties on the CPIO, but direct disclosure orders are typically given only in second appeals, not complaints.

If you filed an RTI, got a response (or waited and got nothing), then filed a first appeal, and the FAA either rejected it or did not respond — file a second appeal. This is the normal track for the vast majority of RTI users.

If you could not even start the process (no CPIO exists, you were turned away at the office, you were charged ₹500 for a ₹10 application) — file a complaint.

1. Second appeal: gather your RTI application, CPIO reply, first appeal, and FAA order (or note of non-response). File online at cic.gov.in or in prescribed paper format. No fee. One copy with proof of service on CPIO and FAA.
2. Complaint: describe the specific failure in writing (§18 grounds). No first appeal required. File online or physically to CIC. No fee.
3. Both are free: no filing fee for second appeals or complaints (CIC FAQ Q12).
4. Video conferencing: CIC offers hearings via video conference at most district NIC centers if travel to Delhi is not possible.

Yes, if the facts support both. For example, if the CPIO provided false information and the FAA upheld it, you can file a second appeal on the FAA decision and a complaint on the false information ground.

No. CIC handles only Central Government public authorities. For state government RTI grievances, file with the relevant State Information Commission (SIC).

File an application for condonation of delay along with your second appeal. CIC has the power to condone delays if you show sufficient cause (CIC FAQ Q20). Explain clearly why you could not file in time.

Yes. Under RTI Act 2005, §20(1), CIC can impose penalties on its own motion when it finds the CPIO's denial was without reasonable cause. The CPIO is given a hearing first (CIC FAQ Q33).

• First Appeal Builder — complete your first appeal before approaching CIC
• PIO Reply Checker — assess CPIO's response before deciding to appeal
• All CIC FAQs index — complete second appeal and complaint guidance
• Central Information Commission — file online