RTI Second Appeal under Section 19(3): CIC and SIC Filing Guide 2026

You can file a Section 19(3) second appeal in any of the following situations:

1. You filed a Section 19(1) first appeal within 30 days of the PIO's order (or of the deemed refusal under Section 7(2)), and the FAA rejected the appeal.
2. The FAA modified the PIO's order in a way you find unsatisfactory (partial disclosure, fee not waived, time not condoned).
3. The FAA failed to pass any order within 30 days of receipt of the first appeal (or 45 days where the FAA invoked the 15-day extension under Section 19(6)). This is the deemed-FAA path - silence equals refusal for second-appeal purposes, the same way a silent PIO equals deemed refusal at first-appeal stage.

Section 19(3) reads:

“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.”

So:

The proviso lets the Commission condone delay if you show sufficient cause. Use a sworn affidavit; the Commission has condoned delay in genuine cases of medical illness, lockdown disruption, document non-receipt, and counsel error.

• CIC (cic.gov.in) - for any Central public authority (Union Ministries, central PSUs, central commissions, the Election Commission, central universities, etc.).
• State Information Commission - for state public authorities (state ministries, state PSUs, state commissions, municipal corporations, panchayats, district administration, state universities). Find your SIC from the state RTI portals directory or via the state RTI master guide.

If you are unsure whether the body is “central” or “state”, look at which government created or substantially funds it. The Commissions decide jurisdiction at scrutiny; if the wrong Commission is approached, it is forwarded under Section 6(3) but you lose time. When in doubt, file at the SIC and mention “in the alternative, kindly forward to CIC if jurisdiction so requires.”

1. Cover letter / Memorandum of Second Appeal addressed to the Registrar of the Commission.
2. Copy of the original Section 6(1) RTI application + proof of dispatch (Speed Post AD slip, online acknowledgement).
3. Copy of the PIO's reply (or evidence of non-reply after 30 / 48-hour limit).
4. Copy of the Section 19(1) first appeal + proof of dispatch.
5. Copy of the FAA's order (or evidence of non-reply after 30 / 45-day window).
6. Statement of grounds - what information remains undisclosed, why the FAA reasoning was wrong, what relief is sought.
7. Index of all enclosures with consecutive page numbers.
8. Identity proof - Aadhaar / passport / voter ID showing Indian citizenship (a self-attested copy is standard).
9. Verification clause at the end of the Memorandum (treated as a private affidavit).
10. Affidavit for condonation of delay, if filed beyond 90 days.

BEFORE THE [CENTRAL / STATE] INFORMATION COMMISSION

Second Appeal No. _______ of _______
(under Section 19(3) of the Right to Information Act, 2005,
read with Rule 8 of the RTI Rules, 2012)

Appellant:      Respondent No. 1:
[Full name]     The Public Information Officer,
[Indian residential   [Public authority name],
address]      [Address].
[Email and phone]
          Respondent No. 2:
          The First Appellate Authority,
          [Public authority name],
          [Address].

MEMORANDUM OF SECOND APPEAL

1. Brief facts:
 (a) On [date], the appellant submitted an RTI application under
   Section 6(1) of the RTI Act, 2005 to Respondent No. 1 (Annexure A).
   The Rs 10 application fee was paid by IPO no. [X] (Annexure B).
 (b) On [date], Respondent No. 1 [described what PIO did or did not do]
   (Annexure C).
 (c) On [date], the appellant filed a First Appeal under Section 19(1)
   to Respondent No. 2 (Annexure D).
 (d) On [date / "till date"], Respondent No. 2 [described FAA decision
   or silence] (Annexure E).
 (e) The present second appeal is filed within 90 days of [trigger
   event] under Section 19(3) of the RTI Act, 2005.

2. Grounds of appeal:
 (i) The PIO's reply / non-reply contravenes Section [..] of the
   RTI Act, 2005, in that [...].
 (ii)  The FAA failed to apply Section 19(8)'s mandatory factors
   and / or to give a speaking order, in violation of //Bhagat
   Singh v. CIC// (2008) and //R.K. Jain v. UoI// (2013).
 (iii) The information sought is not exempt under Section 8 / 9 / 11,
   and even if any portion is exempt, the non-exempt portion is
   severable under Section 10 and ought to have been supplied.
 (iv)  [Other grounds - e.g. fee illegally demanded, Section 7(5)
   BPL exemption ignored, Section 7(1) timeline breached].

3. Prayer:
 The Hon'ble Commission is most respectfully prayed to:
 (a) ALLOW the present second appeal under Section 19(3);
 (b) DIRECT the respondent PIO under Section 19(8)(a) to furnish,
   free of cost, the complete information sought in the RTI
   application dated [date], within such time as the Commission
   may direct;
 (c) IMPOSE penalty under Section 20(1) on the PIO at Rs 250 per
   day of delay, subject to the statutory maximum of Rs 25,000;
 (d) RECOMMEND disciplinary action under Section 20(2) against the
   PIO and the FAA for malafide handling of the appellant's
   request;
 (e) AWARD compensation under Section 19(8)(b) for the detriment,
   loss, and time suffered by the appellant; and
 (f) PASS such other orders as the Commission may deem fit.

Verification:
I, [name], the appellant above-named, do hereby verify that the
contents of paragraphs 1 and 2 above are true to my own knowledge
and belief, that no part of it is false, and that nothing material
has been concealed therefrom.

Date:              [Signature of appellant]
Place:               [Name of appellant]

ENCLOSURES (each authenticated and verified by the appellant):
  Annexure A: Copy of the RTI application dated [date].
  Annexure B: Proof of fee payment / IPO copy.
  Annexure C: Copy of the PIO's reply / proof of non-receipt.
  Annexure D: Copy of the First Appeal dated [date].
  Annexure E: Copy of the FAA's order / proof of non-receipt.
  Annexure F: Identity proof (self-attested).
  Annexure G: Index of documents.
  Annexure H: Affidavit for condonation of delay (if applicable).

The strongest second-appeal grounds, drawn from the leading orders, are:

1. No speaking order at FAA stage. The Supreme Court in R.K. Jain v. Union of India (2013) 14 SCC 794 held that statutory authorities exercising appellate functions must give reasoned orders.
2. Section 8(1) was claimed without applying the proportionality / public-interest override. Bhagat Singh v. CIC and Anr. (Delhi HC, 2007) 146 DLT 385 - the public authority must show why disclosure is barred, not just cite the section.
3. Severance under Section 10 not attempted. CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497 - exempt portions must be redacted, non-exempt portions must be supplied.
4. PIO failed to forward the application to the right CPIO under Section 6(3).
5. Section 7(5) BPL exemption ignored - fee demanded from a BPL applicant.
6. Information is in fact already available proactively under Section 4(1)(b) - the PIO must furnish or point to the URL.
7. DPDP 2025 Section 8(1)(j) over-claim - the substituted Section 8(1)(j) (in force 14 November 2025 under Section 44(3) of the DPDP Act, 2023) does not convert every personal-information request into an exemption; the Section 4 / 8(2) public-interest tests still apply.

The Commission has consistently awarded compensation under Section 19(8)(b) in cases of “detriment suffered”, ranging from Rs 1,000 to Rs 1,00,000 in different orders. To win it:

• Quantify the detriment in your prayer - wasted speed-post fees, photocopying, time lost in pursuing the case, opportunity cost.
• Attach receipts / a tabular schedule.
• Cite Sham Lal v. Land Acquisition Officer (CIC, 2009) and R.K. Jain v. UoI for the principle.

The Section 20 penalty is mandatory once the Commission finds malafide non-compliance. The wording of Section 20(1) - “shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however that the total amount of such penalty shall not exceed twenty-five thousand rupees” - is a statutory direction, not a discretion. Make the penalty prayer specific.

If you are filing beyond the 90-day window, attach a sworn affidavit explaining the delay, supported by documentary evidence (medical certificates, lockdown notifications, dispatch proof showing the FAA order arrived late). The proviso to Section 19(3) gives the Commission discretion; the Supreme Court in Office of the Chief Information Commissioner v. P.S. Sundaresan (2011) 8 SCC 1 explained that delay-condonation is governed by the sufficient cause standard.

A simple format:

AFFIDAVIT FOR CONDONATION OF DELAY

I, [name], aged [age], son / daughter of [parent], resident of
[address], do solemnly affirm and state as under:

1. I am the appellant in the accompanying Second Appeal under
 Section 19(3) of the RTI Act, 2005.

2. The 90-day period prescribed under Section 19(3) expired on
 [date]. The present appeal is being filed on [date], a delay of
 [N] days.

3. The cause for delay is [...] [sworn explanation, with documents].

4. I pray that the Hon'ble Commission may be pleased to condone the
 delay under the proviso to Section 19(3) and admit the appeal on
 merits.

Place:               [Signature]
Date:              [Name of deponent]

VERIFICATION
I verify that the contents of paragraphs 1 to 4 are true to my own
knowledge and belief.

                 [Signature of deponent]

If your goal is to get the information, file the Section 19(3) second appeal.

If your goal is to punish misconduct (no PIO appointed, refusal to accept, illegal fee, false information), file a Section 18 complaint in parallel.

Both are independent under CIC v. State of Manipur, (2011) 15 SCC 1. See Section 18 complaint vs Section 19 appeal for the full decision tree.

Yes - file with an affidavit for condonation of delay under the proviso to Section 19(3). The Commission's standard is sufficient cause, and routinely accepted reasons are medical illness, lockdown / pandemic disruption, postal delay in receiving the FAA order, or lawyer's misadvice. Attach all supporting documents.

From Day 31 of your first appeal filing (or Day 46 if the FAA invoked the 15-day extension under Section 19(6)). This is the deemed-FAA path: the silence is treated as an adverse decision and the 90-day clock starts the day after the deadline expires.

There is no fee at the CIC under the Central rule. Most state SIC fee rules also follow zero, but a few prescribe a nominal fee - check your state's RTI Rules. There is also no fee for the photocopies that the Commission ultimately orders disclosed at Rs 2 per page (under Rule 4(a) of the Central RTI Fee Rules).

Yes - at cic.gov.in for Central public authorities. Upload all enclosures as a single PDF, and post a hard copy by Speed Post (with AD) the same day. Most state SICs now also accept online filing; their portals are listed in the state RTI portals directory.

Yes. Section 20(1) is engaged when the Commission, while deciding any complaint or appeal, finds malafide non-compliance. So a Section 19(3) appeal supports the same penalty order as a Section 18 complaint, plus the disclosure direction under Section 19(8). Make the penalty prayer specific in your Memorandum.

There is no statutory disposal limit for second appeals - the original 45-day timeline in the Bill draft was dropped before enactment. Realistic disposal times in 2026 are 6 to 24 months at most Commissions; some SICs take longer. Track your matter on the Commission's cause-list portal.

Yes - through a notarised power of attorney or a vakalatnama (if filed by an advocate). The representative signs the Memorandum and verification clause; the appellant signs the affidavit-of-facts where one is filed.

Section 19(8) is broad - sub-clauses (a)(i) - (vi) include directing fresh inquiry, fresh determination of fee, and so on. Frame your prayer to ask not only for disclosure but for the fresh procedural step the FAA failed to take.

1. Right to Information Act, 2005 - Sections 4, 6, 7, 8, 9, 10, 11, 18, 19, 20. DoPT.
2. RTI Rules, 2012 - Rule 8 (form of second appeal). DoPT.
3. Supreme Court of India - Chief Information Commissioner v. State of Manipur, (2011) 15 SCC 1; R.K. Jain v. Union of India, (2013) 14 SCC 794; CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497; Office of the Chief Information Commissioner v. P.S. Sundaresan, (2011) 8 SCC 1.
4. India Code - Bhagat Singh v. CIC and Anr. (Delhi HC, 2007) 146 DLT 385.
5. Central Information Commission - Sham Lal v. LAO (CIC, 2009); CIC Practice Directions on Appeals and Complaints.
6. DoPT, Guide on the RTI Act, 2005 (August 2013, updated).
7. DPDP Act, 2023 - Section 44(3) substitution of Section 8(1)(j) RTI Act, in force 14 November 2025.

Need a Memorandum of Second Appeal auto-drafted with your facts, the right grounds, the right prayer paragraphs, and (if you are over the 90-day window) a delay-condonation affidavit? The AI RTI Drafter does it in under three minutes - free, no signup.

• Guide hub - Right to Information for citizens
• Second Appeal to CIC - full procedure
• Section 18 complaint vs Section 19 appeal
• First Appeal under Section 19(1)
• First Appellate Authority - procedure deep-dive
• Section 20 penalty and Section 19(8)(b) compensation
• Who can file RTI: citizen, NRI, OCI, company, NGO
• State RTI portals and SIC directory
• Complete RTI Act 2005 guide

Last reviewed: 9 May 2026 - RTI Wiki editorial team.

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