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| - | metatag-description=(The detailed guidelines on filing | + | metatag-title=(Section 18 Complaint vs Section 19 Appeal RTI India 2026)&metatag-description=(Decision tree for Section 18 RTI complaint vs Section 19 second appeal. |
| - | }} | + | |
| - | ====== How to file a Complaint to CIC ====== | + | |
| - | {{tag>complaint}} | + | |
| - | <fs 130%>RTI Act confers right to access to information held by a Public Authority on all Citizens. | + | ====== Section 18 Complaint vs Section 19 Second Appeal |
| - | <fs larger> | + | {{ : |
| - | ====== What is the difference between | + | <WRAP center round tip 100%> |
| + | **Direct answer.** **File a Section 19 second appeal when your main goal is to get information after an unsatisfactory PIO or FAA process.** **File a Section 18 complaint when the issue is refusal to accept an application, | ||
| + | </ | ||
| - | A second appeal under section 19 (3) of the Act is filed against an order of the FAA in a public authority or when the FAA does not make a decision within the specified time. A complaint under section 18 of the Act may be filed directly on the grounds mentioned in sub-section (1) of this section. | + | ===== The decision tree ===== |
| - | {{ :guide: | + | <WRAP center round box 95%> |
| - | ===== In which cases complaint can be filed ===== | + | **Goal: get the information** → file a **Section 19(3) Second Appeal** (after the Section 19(1) First Appeal has failed or the FAA is silent for 30 / 45 days). The Commission can **order disclosure** under Section 19(8)(a). 90-day window. |
| - | Section 18 (1) provides for making complaints to the Information Commission in the following circumstances: | + | **Goal: punish misconduct** |
| - | - When an appellant is unable to submit her RTI application since no PIO or APIO are appointed, or they refuse | + | |
| - | - When information is denied by the PIO. | + | |
| - | - When information has not been provided in the time limit provided. | + | |
| - | - Where fee in excess of that specified in the rules is being charged. | + | |
| - | - When an appellant has been given incomplete, | + | |
| - | | + | |
| - | For 2) and 3) above a provision for a first appeal is also there as per Section 19. These cases apply to the first appeal under [[act: | + | **Both |
| + | </ | ||
| - | < | + | ===== When to file a Section 18 complaint ===== |
| - | Hence, it would be a good practice for appellants | + | |
| + | Section 18(1) of the RTI Act lists six exhaustive grounds. A complaint is the right remedy when: | ||
| - | When an applicant is denied | + | - **No PIO has been appointed** in a public authority (Section 18(1)(a) read with Section 5). |
| + | - **The PIO / APIO has refused to accept your RTI application** for any reason whatsoever (Section 18(1)(a)). | ||
| + | - **The PIO has refused | ||
| + | | ||
| + | - **The fee demanded is unreasonable** or beyond | ||
| + | - **The information supplied is incomplete, misleading, or false** (Section 18(1)(e)). | ||
| + | - **Any other matter relating to requesting / obtaining information** - including Section 4(1) suo-motu disclosure failures (Section 18(1)(f)). | ||
| + | **Most CICs and SICs require that you //first// attempt the Section 19(1) first appeal for grounds (b) and (c)**, leaving Section 18 as the proper route for grounds (a), (d), (e), and (f). This is a practice norm, not a statutory requirement, | ||
| - | Under the complaint proceedings, | + | ===== When to file a Section 19(3) second appeal ===== |
| - | When an information | + | A Section 19(3) second appeal |
| + | - You filed a **Section 19(1) first appeal** within 30 days of the PIO's order (or deemed refusal under Section 7(2)). | ||
| + | - The First Appellate Authority (FAA) has either **rejected** the appeal, **modified** it unfavourably, | ||
| + | - You file the second appeal within **90 days** under Section 19(3). | ||
| + | - Your goal is to **get the information disclosed** and (often) to **also press for Section 20 penalty / Section 19(8)(b) compensation**. | ||
| - | ===== When to file a Complaint ===== | + | Filing fee at the Commission level is zero (Central rule). Most state SIC fee rules also follow zero, with a few exceptions; check your state. |
| - | [[act:|RTI Act Section 18]] states that: | + | ===== Can both be filed together? ===== |
| - | 18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive | + | **Yes.** The Supreme Court in //Chief Information Commissioner v. State of Manipur// |
| - | | + | The **CIC's Complaint Guidelines (under Rules 8 and 9 of the RTI Rules, 2012)** also state that during scrutiny, if a complaint includes both a request for information |
| - | | + | |
| - | * who has not been given a response to a request for information | + | |
| - | * who has been required to pay an **amount of fee which he or she considers unreasonable**; | + | |
| - | * who believes that he or she has **been given incomplete, misleading or false information** under this Act; and | + | |
| - | * in respect | + | |
| + | ===== Relief that each remedy can deliver ===== | ||
| - | ======= Complaint Guidelines ======= | + | ^ Relief sought ^ Section 18 complaint ^ Section 19(3) second appeal ^ |
| + | | Order to disclose information | NO | YES - Section 19(8)(a) | | ||
| + | | Direction to amend records / publish proactively | NO | YES - Section 19(8)(a)(iii) - (iv) | | ||
| + | | Penalty up to Rs 25,000 on PIO | YES - Section 20(1) | YES - Section 20(1) | | ||
| + | | Disciplinary recommendation | YES - Section 20(2) | YES - Section 20(2) | | ||
| + | | Compensation to applicant | YES - Section 19(8)(b) | YES - Section 19(8)(b) | | ||
| + | | Inquiry powers (CPC) | YES - Section 18(2) - (4) | YES - Section 19(7) | | ||
| + | | 90-day limitation | NO (no statutory limit) | YES (Section 19(3)) | | ||
| - | The Commission has decided to issue the following guidelines for registration of Complaint as prescribed under Rule 8 and 9 of the RTI Rules, 2012: | + | The single biggest difference is the very first row. **A complaint cannot get you the information; |
| - | ====== Documents required for registration of Complaint ====== | + | ===== Copy-paste Section 18 complaint format |
| - | - Complaint duly signed and addressed to the Commission | + | < |
| - | - Copy of the RTI application submitted to the CPIO or the RTI application which could not be submitted | + | Before |
| - | - RTI and Complaint shall be related to each other | + | |
| - | - Above two documents must be legible | + | |
| - | - Above two documents must be in Hindi/English or provide a translated version in Hindi /English | + | |
| - | ====== Other documents required for proper presentation of a complaint, if available ====== | + | |
| - | - Copy of reply received from the CPIO | + | Complaint No. _______ |
| - | - Copy of the order received from the First Appellate Authority | + | (under Section 18(1)(__) |
| - | - Copies of other documents relied upon by the Complainant | + | read with Rules 8 and 9 of the RTI Rules, 2012) |
| - | - An index of the documents | + | |
| - | - All the documents shall be duly authenticated and verified by the Complainant | + | |
| - | ====== The mandatory time period for filing Complaint: ====== | + | |
| - | - The complaint can be filed immediately if CPIO of Public Authority refuses to accept RTI Application as per RTI Act 2005. | + | Complainant: [Full name, Indian residential address, email, phone] |
| - | - After receipt of the reply to RTI application or thirty days after the filing of RTI application and if no reply received | + | |
| - | - After receipt of reply from First Appellate Authority or forty-five days after filing of First appeal, if the Complainant | + | |
| - | ====== Registration of Complaint as second appeal ====== | + | Respondent: The Public Information Officer, |
| + | [Public authority name, address]. | ||
| - | - During scrutiny of Complaint, if it is found that Complainant has requested for the information | + | Subject: |
| + | ( ) refusal to accept RTI application - Section 18(1)(a) | ||
| + | ( ) refusal to grant access - Section 18(1)(b) | ||
| + | ( ) non-response within statutory time limit - Section 18(1)(c) | ||
| + | ( ) demanding unreasonable fee - Section 18(1)(d) | ||
| + | ( ) supplying incomplete / misleading / false information | ||
| + | ( ) other misconduct relating to access - Section 18(1)(f) | ||
| - | ====== Complaint will not be registered if any of the following condition exists ====== | + | FACTS |
| + | 1. On [date], the complainant submitted an RTI application | ||
| + | | ||
| + | of the RTI Act, 2005, with the prescribed Rs 10 fee paid by IPO | ||
| + | no. [X] (Annexure B). | ||
| + | 2. [Narrate what the PIO did or failed to do, with dates and | ||
| + | | ||
| - | - If the Complaint has already been registered by the Commission with same RTI(Duplicate Case) | + | GROUNDS FOR COMPLAINT |
| - | - Body mentioned as a Public Authority in the Complaint is not registered | + | 3. The conduct of the PIO violates Section [provision] of the RTI Act, |
| - | - Complaint relates to State information Commission. In such a case, the Complaint shall be sent to the concerned State Information Commission. | + | |
| - | - Complaint relates to multiple RTI application /CPIO’s replies /First Appeals. In such cases the Complaint shall be returned along with all the documents. | + | 4. The complainant is therefore entitled to invoke Section 18(1)(__) |
| + | of the RTI Act read with Rules 8 and 9 of the RTI Rules, 2012. | ||
| - | <note important> | + | PRAYER |
| - | ====== Additional guidelines for facilitating disposal | + | The Hon' |
| + | (a) inquire into the complaint under Section 18 of the RTI Act, 2005; | ||
| + | (b) impose penalty under Section 20(1) on the erring PIO at the rate | ||
| + | of Rs 250 per day, subject to a maximum of Rs 25,000; | ||
| + | (c) recommend disciplinary action against | ||
| + | (d) award compensation under Section 19(8)(b) | ||
| + | | ||
| + | (e) pass such other and further orders as the Commission may deem | ||
| + | fit in the facts of the case. | ||
| - | - If the complaint is being filed without submission | + | Date: |
| - | - The complainant should mention the specific sub- section of [[act: | + | Place: |
| - | - Provide a copy of proof of submission of copy of complaint to the Public authority, if available | + | |
| - | - If the complaint is made on the ground that information concerning life or liberty was not given within 48 hours as per proviso to Section 7 (1), it should contain reasons for considering the information requested as concerning the life or liberty | + | |
| - | - To give reasons for considering a body as Public authority, if the ground of complaint is that the concerned body was not considering itself to be Public authority | + | |
| - | ====== Is a complainant | + | ENCLOSURES (each authenticated and verified by the complainant): |
| + | 1. Copy of the RTI application (Annexure A). | ||
| + | 2. Proof of dispatch / fee payment (Annexure B). | ||
| + | 3. Copy of any reply received (Annexure C). | ||
| + | 4. Copy of any first-appeal order received (Annexure D, if any). | ||
| + | 5. Index of documents. | ||
| + | 6. Copy of complainant' | ||
| - | The complaints and second appeals filed in this Commission under the RTI Act are taken up for hearing in chronological order. However, the Commission in a particular matter may decide | + | I, [name], |
| + | contents of paragraphs 1 to 4 above are true to my own knowledge | ||
| + | belief, and that no part of it is false, and nothing material has | ||
| + | been concealed therefrom. | ||
| + | [Signature of complainant] | ||
| + | </ | ||
| - | ====== Generally how much time is taken by the Commission in deciding a complaint/appeal? ====== | + | ===== Copy-paste Section 19(3) second-appeal |
| - | Receipt of second | + | (Use the full appeal format from the [[: |
| - | ====== Can a second appeal or a complaint be filed in this Commission | + | < |
| + | PRAYER | ||
| + | The Hon' | ||
| - | Yes, a second appeal | + | (a) ALLOW the present |
| + | | ||
| - | ====== Can a complaint be filed directly before this Commission? If yes, the grounds on which a complaint may be filed? ====== | + | (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], and to publish such information proactively under | ||
| + | Section 4(1)(b) where applicable; | ||
| - | Yes, a complaint may be filed directly in this Commission | + | (c) IMPOSE penalty |
| + | | ||
| - | (a) who has been unable to submit a request to a Central Public Information Officer either by reason that no such officer has been appointed | + | (d) RECOMMEND disciplinary action |
| + | and the FAA for the malafide handling of the appellant' | ||
| - | (b) who has been refused access to any information requested | + | (e) AWARD compensation |
| + | loss of time and resources suffered by the appellant; and | ||
| - | (c) who has not been given a response to a request for information or access to information within | + | (f) PASS such other and further orders as the Commission may deem |
| + | fit in the facts and circumstances of the case. | ||
| + | Date: | ||
| + | Place: | ||
| + | </ | ||
| - | (d) who has been required | + | ===== Documents |
| - | (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and | + | The CIC's RTI Rules 2012 Rule 8/9 guidelines list the same core enclosures for both: |
| - | (f) in respect | + | - The complaint / second appeal duly signed and verified. |
| - | ===== Help in Filing Complaint: ===== | + | - Copy of the RTI application |
| + | - Copy of the PIO's reply, if any. | ||
| + | - Copy of the first-appeal order (if a first appeal was filed). | ||
| + | - Copies of supporting documents. | ||
| + | - Index of all enclosures. | ||
| + | - Photo ID of the applicant / complainant. | ||
| + | - All documents must be **legible** and in **English / Hindi**, with translations attached for any other-language document. | ||
| - | ** For additional help kindly see FAQ, Supreme Court / High Courts orders | + | ===== Common mistakes ===== |
| - | Contact the Help desk at 011-26767500 Email: [email protected] for assistance in filing a complaint. | + | |
| - | ---- | + | |
| - | ~~socialite~~ | + | |
| + | - **Forgetting the prescribed verification clause** at the end of the complaint / appeal - the document is treated as a private affidavit; without verification it is rejected at scrutiny. | ||
| + | - **Missing the 90-day limitation** for second appeals - file an application for **condonation of delay** under Section 19(3) proviso with a sworn affidavit explaining the delay. | ||
| + | - **Stuffing both prayers into one document without clearly separating them** - prefer two parallel filings, cross-referenced. | ||
| - | {{indexmenu> | + | ===== Frequently asked questions ===== |
| - | [<>] | + | |
| - | + | ==== I want the information AND want the PIO punished. What do I file? ==== | |
| + | |||
| + | File the **Section 19(3) second appeal**. Section 19(8)(a) gives the Commission the power to order disclosure, and Section 20(1) (read with the second appeal' | ||
| + | |||
| + | ==== The PIO refused to accept my application at the counter. What do I do? ==== | ||
| + | |||
| + | This is the textbook Section 18(1)(a) ground. File a **Section 18 complaint** directly with the relevant Information Commission - there is **no first-appeal requirement** for refusal-to-accept. The Commission has held in //M.A. Shah v. CPIO, AIIMS// (CIC, 2009) that the right to receive an application is anterior to the disclosure obligation; refusal at the counter is itself the wrong. | ||
| + | |||
| + | ==== The PIO is silent for 30 days. Section 18 or Section 19? ==== | ||
| + | |||
| + | Most Commissions require you to file a **Section 19(1) first appeal** for non-response - that is the deemed-refusal route under Section 7(2). After the FAA's silence or rejection, file the **Section 19(3) second appeal**. A direct Section 18(1)(c) complaint for non-response is technically maintainable but is usually returned by the Commission with a direction to first-appeal route. Save time: file the first appeal. | ||
| + | |||
| + | ==== What is the time limit for filing a Section 18 complaint? ==== | ||
| + | |||
| + | The Act does **not prescribe a statutory limit** for Section 18 complaints. However, the CIC and most SICs apply a **reasonable-time test** of around one year from the wrong; the appellant must explain any longer delay. Section 19(3), in contrast, has a **hard 90-day limit** with statutory delay-condonation under the proviso. | ||
| + | |||
| + | ==== Can I file Section 18 and Section 19(3) simultaneously? | ||
| + | |||
| + | Yes - they are independent remedies under //CIC v. State of Manipur// (2011) 15 SCC 1. Cross-reference the two filings in each prayer paragraph so the Commission can consolidate hearings. | ||
| + | |||
| + | ==== Can I file online? ==== | ||
| + | |||
| + | Yes - both can be filed at [[https:// | ||
| + | |||
| + | ==== What relief can a Section 18 complaint not give? ==== | ||
| + | |||
| + | It cannot give you the information itself. The Commission has held repeatedly (//M.A. Shah v. CPIO, AIIMS//, CIC, 2009; //State of UP v. Raj Narain//, SC, 1975 reasoning) that the disclosure power flows from Section 19(8)(a), which is engaged only in an //appeal//, not a complaint. So a Section 18 complaint will earn you a penalty order and possibly compensation - but never the file itself. | ||
| + | |||
| + | ===== Sources verified ===== | ||
| + | |||
| + | - [[https:// | ||
| + | - **RTI Rules, 2012** - Rules 8 and 9 (complaint and appeal procedure). DoPT. | ||
| + | - [[https:// | ||
| + | - [[https:// | ||
| + | - DoPT, //Guide on the RTI Act, 2005// (August 2013, updated). | ||
| + | - For online filing of complaints / appeals: [[https:// | ||
| + | |||
| + | ===== Use the AI RTI Drafter ===== | ||
| + | |||
| + | Want a Section 18 complaint or Section 19(3) second appeal auto-generated with the right facts, the right grounds, and the right prayer paragraph? The [[https:// | ||
| + | |||
| + | ===== Related ===== | ||
| + | |||
| + | * [[guide|Guide hub - Right to Information for citizens]] | ||
| + | * [[: | ||
| + | | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | //Last reviewed: 9 May 2026 - RTI Wiki editorial team.// | ||
| + | |||
| + | {{tag> | ||