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--- guide:applicant:second-appeal:cic [2023/04/15 11:47] – Shrawan
+++ guide:applicant:second-appeal:cic [2026/04/23 00:47] (current) – external edit 127.0.0.1
@@ Line 1: / Line 1: @@
-{{htmlmetatags>metatag-keywords=(second appeal rti format)
+{{htmlmetatags>metatag-keywords=(second appeal rti,how to file second appeal rti,section 19(3) rti,central information commission appeal,state information commission appeal,cic second appeal procedure,second appeal 90 days,cic online appeal,rti commission penalty,second appeal format 2026)&metatag-description=(How to file a Second Appeal under the RTI Act before the Central or State Information Commission. Section 19(3), 90-day window, documents, filing methods, hearing, penalty, and appeal to the High Court. Current for 2026.)}}
-metatag-description=(The detailed guidelines on filing the second appeal. The document also contains second appeal rti format for filing RTI at Central and State Information Commission)
-}}
-====== How to file Second Appeal under RTI ======
-{{like>}}{{tag>Second Appeal,Guide}}
-Anybody who is unhappy or dissatisfied with the decision of the First Appellate Authority can file Second Appeal to the Information Commission at the Centre or respective States. You need to send your appeal to the relevant Information Commission in writing.
-For issues related to Central Government public authorities, you need to send your appeal to the Central Information Commission. For matters related to State Government public authorities, send your appeal to concerned State Information Commission.
+====== How to file a Second Appeal under RTI — a practical guide for 2026 ======
-{{:guide:applicant:second-appeal:second-appeal-rti.jpg|}}
+{{ :social:auto:guide-applicant-second-appeal-cic.png?direct&1200 |guide / applicant / second-appeal / cic — RTI Wiki}}
+<WRAP info>
+**In one line.** A Second Appeal under Section 19(3) of the Right to Information Act, 2005 lies before the Central Information Commission (for Union public authorities) or the State Information Commission (for State public authorities), within **90 days** of the First Appellate Authority's order or the expiry of the period for it.
-The Commission has powers to adjudicate an appeal filed under section 19 (3) of the RTI Act and order for providing the requested information when the same has not been provided at the level of Central Public Information Officer (CPIO) or the First Appellate Authority. The section 19 is given below:
+**What that means in practice.**
+  * The Second Appeal is the last administrative remedy. What follows is a writ in the High Court under Article 226.
+  * File online at [[https://cic.gov.in|cic.gov.in]] for Union matters, or the concerned State Commission's portal for State matters.
+  * Five documents are mandatory. Missing any one is a routine ground for return.
+  * The hearing is adversarial but short. Preparation wins.
+  * Commission orders are **binding** under Section 19(7). The Commission can order disclosure, impose a penalty of up to Rs 25,000 on the Public Information Officer under Section 20, and direct compensation under Section 19(8)(b).
+</WRAP>
-===== Appeal =====
+<div didyouknow>
+**Did you know?** The ninety-day clock starts from the day the First Appellate Authority's order **should have been** passed — not from the day the applicant received it. If the First Appellate Authority is silent, the clock runs anyway. Missing the window is the single largest reason Second Appeals are dismissed.
+</div>
+===== Two sentences on why Second Appeal exists =====
-Section 19(1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
+The First Appeal is decided inside the public authority that refused. The Second Appeal lifts the matter out of the public authority and puts it before a statutory Commission. That external review is the real engine of the RTI Act.
+===== When you can file a Second Appeal =====
+You can file a Second Appeal under Section 19(3) if **any one** of the following is true.
+  * The First Appellate Authority's order is against you, wholly or partly.
+  * The First Appellate Authority has not decided within 30 days (or 45 days, for reasons recorded in writing).
+  * The Public Information Officer demanded a fee beyond what the Rules allow, and the First Appellate Authority upheld that.
+  * The Public Information Officer's reply is evasive or non-responsive and the First Appellate Authority has failed to cure it.
+A **direct complaint** under Section 18 lies in a different set of cases, such as where the Public Information Officer is not appointed, or where the authority refuses to even receive the application. See [[:guide:applicant:first-appeal|First Appeal under Section 19(1)]] for the full distinction.
+===== Central or State Commission — which one =====
+  * **Central Information Commission** — for Union Ministries, Union Territory administrations, public authorities substantially financed by the Union Government (including banks, regulators, PSUs, and statutory bodies under Central laws).
+  * **State Information Commission** — for State Government departments, Municipal Corporations, police stations, collectorates, State PSUs, and any public authority substantially financed by the State.
+If the answering public authority exists under a Central law (for example the Central Board of Secondary Education, the Employees' Provident Fund Organisation, or the Reserve Bank of India), the appeal goes to the Central Information Commission. If it exists under State law (for example a State Public Service Commission, a State police department, or a Gram Panchayat), the appeal goes to the concerned State Information Commission.
+See [[:state-vs-central-rti|State RTI vs Central RTI]] for a clear distinction and a routing flowchart.
+===== The 90-day clock — explained =====
+Section 19(3) gives **ninety days** from the date on which the First Appellate Authority's decision **"should have been made or was actually received"**, whichever comes first.
+  * If the First Appellate Authority decided and communicated the order within 30 days, the 90 days runs from the date of receipt.
+  * If the First Appellate Authority is silent at Day 30 or Day 45, the 90 days runs from that day.
+  * The Commission can condone delay beyond 90 days only on **sufficient cause**. See the proviso to Section 19(3). Condonation is discretionary, not routine.
+===== The five documents you must attach =====
+  - A copy of the original RTI application (Section 6) filed with the Public Information Officer.
+  - A copy of the reply (or non-reply confirmation) received from the Public Information Officer.
+  - A copy of the First Appeal (Section 19(1)) filed with the First Appellate Authority.
+  - A copy of the First Appellate Authority's order (or proof of non-receipt).
+  - A chronological index and any other documents the appellant intends to rely on.
+Missing any of these is the most common return-for-defect reason. The checklist is the practical bar.
+===== How to file — online, post, in-person =====
+==== Online (Central Information Commission) ====
+  * Open [[https://cic.gov.in|cic.gov.in]].
+  * Navigate to "Online Appeal / Complaint".
+  * Register or login with your mobile number and email.
+  * Fill the prescribed Appeal Procedure Rules, 2005 format. Upload each of the five documents as a PDF, JPG, or GIF, each below 2 MB.
+  * Submit. The Commission issues a **Diary Number** on submission. Save it.
+  * Print the acknowledgement, sign it as verification under Rule 3(viii), and post one signed copy to the Registrar, Central Information Commission.
+==== Post (both Central and State) ====
+  * Prepare four original sets and one set for your own record.
+  * Each set contains the appeal memo, the index, the chronological chart, and the five supporting documents.
+  * Send by speed post or registered post with acknowledgement due. Avoid private courier.
+  * Send one set each to the Public Information Officer and the First Appellate Authority (advance copies under the Appeal Procedure Rules).
+  * Send the original and one extra set to the Commission.
+==== In-person ====
+  * Submit at the receipt counter, Central Information Commission, Ground Floor, August Kranti Bhavan, Bhikaji Cama Place, New Delhi 110066 during working hours. Obtain a dated receipt.
+  * For State Commissions, check the respective State portal or State Commission office for the receipt counter and hours.
+===== Timeline — from filing to order =====
+^ Day ^ Event ^ Provision ^
+| Day 0 | Second Appeal filed (online, post, or in person) | Section 19(3) |
+| Day 1 to 30 | Diary number issued; Commission forwards to Public Information Officer and First Appellate Authority for parawise reply | Rule 7, Appeal Procedure Rules, 2005 |
+| Day 30 to 180 | Hearing notice issued. Hearings scheduled in batches. | Section 19(5) |
+| Hearing day | Oral hearing (often short). Commission may allow written submissions. | Section 19(5) |
+| Day of order | Commission passes a reasoned order. Directions for disclosure, compliance timeline, penalty, or compensation. | Section 19(8), Section 20 |
+| Post-order | Public authority must comply. Appeal beyond lies only by writ in the High Court. | Article 226 |
+In practice, Central Information Commission disposal time has ranged from **6 months to over 12 months** in recent years. State Information Commissions vary widely; some carry pendency of two years and more.
+===== The hearing — what to expect =====
+The Second Appeal hearing is a tribunal-style proceeding. An Information Commissioner presides. The Public Information Officer, the First Appellate Authority, and the appellant are notified. Appearance can be in person, through an authorised representative, by video conference, or (often) by written submission.
+  * **The onus is on the Public Information Officer** — Section 19(5) places the burden of proving that the denial was justified squarely on the Officer.
+  * Commission members ask short questions. Bring the file. Know the dates.
+  * The appellant may request to be heard by video conference. Most Commissions allow this, especially for applicants outside the capital.
+  * Rules of evidence are relaxed. The proceedings are summary, not trial-like.
+===== What the Commission can order =====
+Section 19(8) gives the Commission wide powers. In practice, an order contains some combination of the following.
+  * **Direction to disclose** the information within a specified time, in a specified form.
+  * **Direction to appoint** a Public Information Officer or First Appellate Authority where one is missing.
+  * **Direction to publish** a class of information proactively under Section 4(1)(b).
+  * **Compensation** to the complainant for loss or other detriment, under Section 19(8)(b).
+  * **Penalty on the Public Information Officer** of **Rs 250 per day of delay**, up to **Rs 25,000**, under Section 20. The penalty is personal, not on the public authority.
+  * **Disciplinary action recommendation** against the Public Information Officer, under Section 20(2).
+The Commission's decision is **binding** under Section 19(7).
+===== Current composition and pendency — Central Information Commission =====
+  * **Chief Information Commissioner** — Raj Kumar Goyal, sworn in December 2025 (predecessor Heeralal Samariya demitted office 13 September 2025).
+  * **Strength** — one Chief Information Commissioner and ten Information Commissioners (full sanctioned strength, restored in December 2025 for the first time in nine years).
+  * **Pendency** — over one lakh appeals and complaints nationally in the pipeline at state and central commissions at the end of 2024-25. See [[:updates:start|Live tracker]] for the current figures.
+The composition of Information Commissioners shapes hearing speed. Full strength is a rare and welcome state.
+===== Section 19 — the statutory text =====
+<code>
+. Appeal.
+(1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
 Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
 (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
 (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:
@@ Line 35: / Line 151: @@
 (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
-(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
+(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to —
+    (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act;
+    (b) require the public authority to compensate the complainant for any loss or other detriment suffered;
+    (c) impose any of the penalties provided under this Act;
+    (d) reject the application.
-  * require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
-  * by providing access to information, if so requested, in a particular form;
-  * by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
-  * by publishing certain information or categories of information;
-  * by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
-  * by enhancing the provision of training on the right to information for its officials;
-  * by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
-  * require the public authority to compensate the complainant for any loss or other detriment suffered;
-  * impose any of the penalties provided under this Act;
-  * reject the application.
 (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
-===== How to file Second Appeal =====
+(10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
+</code>
+===== Leading decisions on Second Appeal practice =====
+==== Binding nature and scope of Section 19(8) ====
+**//Chief Information Commissioner v. State of Manipur//**, (2011) 15 SCC 1. The Supreme Court clarified the boundary between Section 18 (complaint) and Section 19 (appeal), and reaffirmed that a Commission's order under Section 19(8) is binding on the public authority.
+==== Time-bound appointment of Commissioners ====
+**//Anjali Bhardwaj v. Union of India//**, (2019) 3 SCC 255 (Supreme Court, 15 February 2019). The Court directed that vacancies in Information Commissions must be filled promptly and that the appointment process must be transparent. The judgment flows directly into any practitioner's complaint about delay. See [[:important-decisions:court:anjali-bhardwaj-vs-union-of-india|the case page]].
+==== Scope of RTI over constitutional offices ====
+**//Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal//**, (2020) 5 SCC 481 (Constitution Bench, 13 November 2019). A five-judge bench held the Supreme Court of India is a public authority under the RTI Act. The judgment elaborates the public-interest test that the Commission must apply in Second Appeals. See [[:important-decisions:court:cpio-supreme-court-v-subhash-agarwal|the case page]].
+==== Fiduciary relationship — narrow reading ====
+**//Reserve Bank of India v. Jayantilal Mistry//**, (2016) 3 SCC 525. The Supreme Court narrowed the fiduciary exemption under Section 8(1)(e). A regulator-regulated relationship is not fiduciary by itself. Information from regulated banks sits squarely within the RTI framework. See [[:important-decisions:rbi-vs-jayantilal-mistry|the case page]].
-A second appeal or a complaint can be filed electronically on [[http://dsscic.nic.in/online-appeal-application/onlineappealapplication|CIC Website]]| online along with the requisite documents as per RTI Rules, 2012. The documents must be duly signed/ self-attested/ verified before scanning and attaching with the appeal or complaint being filed.
+==== Public interest and electoral funding ====
-===== Guidelines to fill Second Appeal =====
+**//Association for Democratic Reforms v. Union of India//**, Electoral Bonds case, 2024 (Supreme Court, 15 February 2024). Article 19(1)(a) includes the right to know about political funding. A statutory confidentiality clause yields to the constitutional right to information on a public-interest test. See [[:important-decisions:electoral-bonds-adr-2024|the case page]].
-A second appeal against the decision of the First Appellate Authority may be filed before this Commission within 90 (ninety) days from the date on which the decision should have been made by the FAA or was actually received.
+==== Personal information after the DPDP Rules, 2025 ====
-The following documents are to be submitted along with second appeal:-
+**Section 8(1)(j) was substituted on 14 November 2025** by Section 44(3) of the Digital Personal Data Protection Act, 2023. The public-interest override earlier embedded within clause (j) has been removed. Public interest reasoning now operates through **Section 8(2)**. Commissions deciding Second Appeals after that date must locate the override in Section 8(2) and record a reasoned finding. See [[:blog:dpdp-rules-2025-amendment-to-rti-act|the amendment note]] and [[:blog:pio-reply-section-8-1-j-after-dpdp-2025|the PIO reply practitioner note]].
-  - a copy of the application submitted to the Central Public Information Officer;
+===== Infographic — the Second Appeal flow =====
-  - a copy of the reply received, if any, from the Central Public Information Officer;
-  - a copy of the appeal made to the First Appellate Authority;
-  - a copy of the Order received, if any, from the First Appellate Authority;
-  - copies of other documents relied upon by the appellant and referred to in his appeal; and
-  - an index of the documents referred to in the appeal.
-Kindly follow these guidelines for filling Second Appeal at Central Information Commission under [[act:|Right to Information Act 2005]].
+<code>
+  First Appellate Authority order (or silence at Day 30 / 45)
+         ↓
+  Within 90 days — File Second Appeal at CIC / SIC
+         ↓
+  Commission issues Diary Number, notifies PIO and FAA
+         ↓
+  Parawise reply received from PIO and FAA
+         ↓
+  Hearing notice → hearing (in person / by VC / written)
+         ↓
+  Commission order — disclosure + timeline + penalty + compensation
+         ↓
+  Compliance by public authority
+         ↓
+  If further aggrieved — writ petition in the High Court under Article 226
+</code>
-  - Fill in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”
+===== Infographic — do's and don'ts =====
-  - Get it typed in double space.
-  - Get one photocopy of:
-    - Original application under RTI with its enclosures
-    - First appeal with its enclosures
-    - Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other charges
-    - Copy of demand letter of CPIO for charges if any
-    - Postal proof of mailing original application and first appeal
-    - Postal AD slips/official acknowledgement received from CPIO and FAA
-    - Decisions of CPIO and FAA if received
-  - Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint.
-  - Prepare additional four sets as above by photocopying.
-  - Sign each page of appeal, index and chronology chart [all five sets].
-  - Self attest all the photocopies by signing under the word “Attested”
-  - Send one set by speed/regd ad/UPC post to each of CPIO and FAA and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart.
-  - Mail original set and one extra copy of set by registered AD to the commission at the following address: The Registrar, CENTRAL INFORMATION COMMISSION II floor, August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066
-  - Avoid courier services.
-  - Retain one set for your record and reference, with proof of mailing and AD received from CIC/CPIO/FAA for having received second appeal/complaint.
-  - If postal AD card is not received or acknowledgement letter is not received from CIC within 15 days of mailing, it is better to send by speed post copy of only second appeal/complaint [without enclosures] with a request to trace the same at CIC. Photocopy of regd post receipt may also be mailed to CIC.
-Along with this Article kindly find the following in .pdf format:
+<WRAP group>
+<WRAP half column>
+**Do**
+  * File within 90 days. Use a calendar reminder.
+  * Attach all five documents. Index them.
+  * Number pages serially.
+  * Keep one signed set for your record.
+  * Serve advance copies on the Public Information Officer and the First Appellate Authority.
+  * Ask for penalty under Section 20 when the delay is culpable.
+  * Be ready with dates, not narratives.
+</WRAP>
-  * Dummy form for filling second appeal
+<WRAP half column>
-  * Index of Appeal/Complaint
+**Don't**
-  * Chronological Chart of RTI Application
+  * File without a First Appeal (with exceptions under Section 18).
-  * Guidelines of filing Second Appeal/Complaint with the Central Information Commission.
+  * Send the appeal by private courier.
-===== Download the Template for filing Second Appeal =====
+  * Attach a narrative in place of documents.
-  * {{:rules:second_appeal_under_rti2005_1209742433.pdf|Filing Second Appeal to CIC}}
+  * Miss the verification step on the online appeal.
+  * Raise new grounds not pleaded at First Appeal (weak practice).
+  * Ask for information not asked for in the original RTI.
+  * Skip the Rs 10 fee-paid proof.
+</WRAP>
+</WRAP>
-===== FAQ on Second Appeal =====
+===== Common reasons Second Appeals get returned or dismissed =====
-The Central Information Commission (CIC) has released a set of FAQs regarding filing of Second Appeals and Complaints with it.
+<WRAP alert>
+  * **Filed beyond 90 days** without a specific condonation prayer.
+  * **First Appeal not filed at all** — Section 19(3) presupposes a First Appeal, except in Section 18 cases.
+  * **Verification not uploaded** — online appeals require verification under Rule 3(viii).
+  * **Documents missing** — any one of the five mandatory attachments missing.
+  * **Wrong Commission** — a Central matter filed with a State Commission, or vice versa.
+  * **Fresh questions introduced** — the Commission will not allow the scope of the original RTI to be expanded in Second Appeal.
+  * **Advance copies not served** on the Public Information Officer and the First Appellate Authority.
+</WRAP>
-{{ :guide:applicant:second-appeal:second_appeal_under_rti.png |}}
+===== After the Commission's order =====
-**1. What is the format of 2nd Appeal before the Commission?**
-The Format content of 2nd Appeal is given in Rule 3 of the CIC (Appeal Procedure) Rules, 2005; every appeal must accompany the documents listed in Rule 4 of the said Rules.
+If the order is in your favour and the public authority does not comply, apply for **contempt of the Commission's order** before the same Commission. The Commission can direct compliance and impose penalty. If the public authority continues to defy, approach the High Court by **writ petition under Article 226** for a mandamus.
-**2. In case of 2nd Appeal, how many copies need to be filed and whether advance copies have to be served to FAA and CPIO?**
+If the order is against you, your remedy is limited. The Second Appeal is the last administrative step. The High Court can be approached only on grounds of jurisdictional error, violation of natural justice, or perversity. Ordinary errors of fact are generally not interfered with on writ.
-Only one copy of the appeal is to be filed with the Commission. An advance copy of the 2nd Appeal needs to be served separately on the FAA and CPIO and the declaration to this effect is to be mentioned in the index of the documents referred to in Rule 4(iii) of the said Rules.
+===== Frequently asked questions =====
-**3. Can appeal/complaint be submitted without any format? Can an appeal be filed through e‐mail?**
+==== Is there a fee for a Second Appeal? ====
-As per the CIC (Appeal Procedure) Rules, 2005, the appeal needs to be filed in the prescribed format as given in Appeal Procedure Rules, 2005. However, there is no format for filing of complaint. Nevertheless, in view of the Rule 7(2) of the CIC (Appeal Procedure) Rules, 2005, it is advisable that all relevant documents, with an index of the documents be filed along with the contents of the complaint.
+**No.** The RTI Act and the Central Information Commission's Appeal Procedure Rules, 2005 do not prescribe a fee for filing a Second Appeal. Some State Commissions prescribe a nominal fee; check the applicable State rules.
-An appeal to the Commission cannot be filed through e‐mail. However, it can be filed electronically on www.cic.gov.in online but will be heard only after the receipt of the verification in original as per Rule 3(viii) of the CIC (Appeal Procedure) Rules, 2005.
+==== Can I file a Second Appeal by email? ====
-**4. Can an appeal to the Central Information Commission be filed without first going to the FAA?**
+**No**, at the Central Information Commission. But you can file it online at [[https://cic.gov.in|cic.gov.in]], which is preferred. After online filing, a signed verification must reach the Registrar in hard copy under Rule 3(viii).
-An appeal to the Central Information Commission is required to be filed as per Section 19 (3) of the RTI Act against the decision of First Appellate Authority and, therefore, can be filed only after the decision of FAA or after stipulated time limit for such decision by FAA, as per provisions under Section 19(3) of the RTI Act.
+==== Can I skip the First Appeal and go directly to the Commission? ====
-**5. Circumstances in which a complaint can be filed directly to the Commission and what should be the contents?**
+**Usually no.** Section 19(3) requires a First Appeal first. **But yes** under Section 18 — direct complaint to the Commission is available where the Public Information Officer has not been appointed, or refuses to receive an application, or demands a fee beyond the Rules, or for other specified defaults.
-The circumstances under which a complaint can be filed directly to the Commission are enumerated in Section 18(1)(a) to Section 18(1)(f) of the RTI Act. These have been further elaborated by Hon'ble Supreme Court in S.L.P. (C) Nos. 32768‐32769/2010 dated 12.12.2011.
+==== How long does a Second Appeal take? ====
+Central Information Commission disposal has ranged from **6 to 15 months** in recent years, depending on the sitting Commissioner bench and pendency. State Commissions vary from a few months to over two years.
-**6. Can a complaint be filed through e‐mail?**
+==== Can I be heard by video conference? ====
-A complaint cannot be filed through e‐mail. However, it can be filed online on www.cic.gov.in including the contents as mentioned in FAQ 5.
+**Yes.** Most Commissions, including the Central Information Commission, offer video conferencing. Request it at the time of filing or on receipt of the hearing notice.
-**7. Can a complaint be filed if there is no reply from the CPIO/FAA?**
+==== What if no order is passed for a long time? ====
-A complaint can be filed to the Commission if there is no reply from the Public Authority as per Section 18 (c) and 18(e) of the RTI Act.
+Write to the Registrar of the Commission for a hearing date. If the Commission is silent for an unreasonable period, a writ petition under Article 226 for a mandamus directing early disposal is available. The Supreme Court in //Anjali Bhardwaj v. Union of India//, (2019) 3 SCC 255 has addressed Commission vacancies and delays.
-**8. Can an appeal/complaint filed through e‐mail, be processed/action taken without getting hard copies?**
+==== Can the Commission direct the PIO to pay me compensation? ====
-An appeal/complaint cannot be filed through e‐mail. However, they can be filed online on www.cic.gov.in. The appeals, however, will be heard only on receipt of the verification in original as per Section 3 (viii) of CIC (Appeal Procedure) Rules, 2005. In complaint cases, verification is to be submitted as per Rule 14 and Rule 15 of Civil Procedure Code.
+**Yes.** Under Section 19(8)(b), the Commission may require the public authority to compensate the complainant for any loss or other detriment suffered. The power is sparingly used but present.
-**9. Can an appeal/complaint be sent by post and receipt obtained?**
+==== Can the Commission impose a penalty on the PIO? ====
-An appeal/complaint can be sent by post and status of the diarization of appeal/complaint can be seen on www.cic.gov.in, after 15 days of being posted.
+**Yes.** Under Section 20, the Commission can impose a penalty of **Rs 250 per day of delay, up to Rs 25,000**, on the Public Information Officer personally, with an opportunity of hearing. The penalty is not on the public authority.
-**10. Within how many days of receipt of decision of the FAA, can an appeal/complaint be filed in the Commission?**
+==== What happens if the public authority does not obey the Commission's order? ====
-nd Appeal can be filed within the time limit prescribed under Section 19(3) of the RTI Act i.e. 90 days from FAA's decision. The complaint needs to be filed within a reasonable period of time.
+The Commission can direct contempt-like action against the Public Information Officer. The final remedy is a writ of mandamus under Article 226 before the High Court.
-**11. Number, size and format of attachment(s) with appeal/complaint filed on line?**
+==== What language is allowed? ====
-  - 5 attachments [RTI application, CPIO’s reply, 1st Appeal, FAA’s order, second appeal/complaint].
-  - Every attachment should not exceed individually 2 MB in size.
-  - PDF, JPG & GIF files can be uploaded as attachments.
-**12. Is compliance with Rule 3 (viii) of CIC (Appeal Procedure Rules), 2005 regarding verification by the appellant in case of online appeal mandatory?**
+The correspondence and hearing at the Commission is in **English or Hindi** at the Centre. State Commissions typically allow the Official Language of the State. Translations can be submitted where needed.
+===== Act now — drafting and filing =====
+<WRAP help>
+**If you are about to file a Second Appeal:**
+  * Start from the template at [[:templates:second-appeal|Template: second appeal]].
+  * Compare your situation with the five triggers in "When you can file a Second Appeal" above.
+  * Pull the five mandatory documents into a single PDF, numbered.
+  * File online at [[https://cic.gov.in|cic.gov.in]] if Union; check your State Commission portal if State.
+  * If the delay is chargeable, mention Section 20 penalty in the prayer.
-It is mandatory for the Registry to receive verification from the Appellant before the hearing commences. The Registry will ensure receipt of the verification, even if processed, before the case is put up for hearing.
+**If you are a Public Information Officer responding to a Second Appeal notice:**
+  * Use [[:templates:pio-reply-standard|Template: standard reply]] as a base for your parawise response.
+  * Section 19(5) places the burden on you. Prepare the file noting and exemption analysis.
+  * Attend the hearing by video conference if the bench allows.
-**13. What should be the language of the Appeal/Complaint and accompanying documents?**
+**If you are a First Appellate Authority whose order is under challenge:**
+  * Use [[:templates:faa-speaking-order|Template: speaking order on a first appeal]] to check whether your original order records reasons. A bare order invites remand.
+</WRAP>
-All correspondence to the Commission should be made either in Hindi or in English. If by any chance, the information seeker wants to send anything written in any other language, it shall be his duty to provide a translation of that text either in Hindi or in English.
+===== Related pages =====
-**14. What is the Format & documents required for filing First Appeal before the First Appellate Authority, CIC?**
+  * [[:guide:applicant|Guide for applicants]] — the drafting primer.
+  * [[:guide:applicant:first-appeal|First Appeal under Section 19(1)]] — the step before this.
+  * [[:guide:applicant:first-appeal:faa|First Appeal — grounds to address]].
+  * [[:templates:first-rti|Template: first RTI application]].
+  * [[:templates:first-appeal|Template: first appeal]].
+  * [[:templates:second-appeal|Template: second appeal]].
+  * [[:why-rti-gets-rejected|Why RTI applications get rejected]].
+  * [[:rti-for-personal-problems|RTI for personal problems — real cases + templates]].
+  * [[:explanations:third-party|Third-party information under RTI — Section 11]].
+  * [[:explanations:justification-for-denial-under-rti|Justification for denial is mandatory]].
+  * [[:state-vs-central-rti|State RTI vs Central RTI]].
+  * [[:updates:start|Live tracker — CIC composition and pendency]].
+  * [[:important-decisions:court:anjali-bhardwaj-vs-union-of-india|Anjali Bhardwaj v. UoI, (2019) 3 SCC 255]].
+  * [[:important-decisions:court:cpio-supreme-court-v-subhash-agarwal|CPIO SC v. Subhash Chandra Agarwal, (2020) 5 SCC 481]].
+  * [[:important-decisions:rbi-vs-jayantilal-mistry|RBI v. Jayantilal Mistry, (2016) 3 SCC 525]].
+  * [[:important-decisions:electoral-bonds-adr-2024|ADR v. UoI, Electoral Bonds, 2024]].
+  * [[:blog:pio-reply-section-8-1-j-after-dpdp-2025|PIO reply after DPDP Rules, 2025]].
+  * [[:blog:dpdp-rules-2025-amendment-to-rti-act|DPDP Rules, 2025 — amendment to Section 8(1)(j)]].
-For hearing the first appeal, the FAA can adopt the CIC (Appeal Procedure) Rules, 2005.
+===== Sources =====
-**15. Whether First Appeal can be filed through e‐mail?**
+  - The Right to Information Act, 2005 (Act No. 22 of 2005), Sections 7, 18, 19, 20.
+  - The Right to Information (Amendment) Act, 2019 (Act No. 24 of 2019), in force 24 October 2019.
+  - The Digital Personal Data Protection Act, 2023 (Act No. 22 of 2023), Section 44(3), operational 14 November 2025.
+  - The Central Information Commission (Appeal Procedure) Rules, 2005.
+  - The Right to Information Rules, 2012 (Central).
+  - //Chief Information Commissioner v. State of Manipur//, (2011) 15 SCC 1.
+  - //Anjali Bhardwaj v. Union of India//, (2019) 3 SCC 255.
+  - //Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal//, (2020) 5 SCC 481.
+  - //Reserve Bank of India v. Jayantilal Mistry//, (2016) 3 SCC 525.
+  - //Association for Democratic Reforms v. Union of India//, Supreme Court, Electoral Bonds decision, 2024.
+  - Central Information Commission — [[https://cic.gov.in|cic.gov.in]].
-The first appeal cannot be filed through e‐mail. However, it can be filed online on www.cic.gov.in.
+===== Last reviewed on =====
-**16. Can a complaint lie with the Commission merely on the ground that the website of the public authority has not uploaded disclosures suo motu under section 4(1)(b) of the Act, in view of first part of Section 18 (1)(f)?**
+April 2026, with reference to the Right to Information Act, 2005 as amended by the Right to Information (Amendment) Act, 2019 and Section 44(3) of the Digital Personal Data Protection Act, 2023, in force 14 November 2025.
-The Full Bench of the Commission has issued a directive dated 15.11.2010 under Section 19(8) (a) to the public authorities for time‐bound implementation of Section 4 obligations under the RTI Act. Any violation of this directive will be dealt with by the Commission under [[act:|Section 18(1)(b) of the Act]].
+{{tag>rti guide applicant second-appeal cic sic section-19 dpdp-2025}}
-===== Website format =====
-{{:guide:applicant:second-appeal:screen_shot_2017-07-27_at_8.35.29_am.png|}}
-{{filelisting}}
-~~socialite~~

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