RTI Second Appeal to CIC 2026 (Format + Hearing + Penalty)

A Second Appeal under §19(3) of the RTI Act, 2005 is your final statutory remedy when the First Appellate Authority has refused or failed to decide your First Appeal. For Central Government records and Central PSUs, the Second Appeal goes to the Central Information Commission (CIC) in Delhi. For State records, it goes to the State Information Commission (SIC) of the state. You have 90 days from the FAA's order (or the 45-day deemed-refusal date) to file. No fee is payable under the Central RTI Rules. The Commission has powers under §19(8) to direct disclosure, award costs, and impose a penalty under §20 of up to Rs. 25,000 on the defaulting PIO.

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When to file a Second Appeal

File a Second Appeal in any of these five situations:

  1. The FAA has decided against you. The FAA upheld the PIO's order, or partly allowed your appeal and left the rest. You have 90 days from the date of the FAA's order to file.
  2. The FAA has not decided within 45 days. The FAA's outer deadline under §19(6) is 45 days. After the deadline expires, you have a right to a Second Appeal even without a written FAA order.
  3. The FAA has gone silent. No reply, no hearing, no acknowledgement. Treat it as a deemed refusal at Day 45 and file.
  4. The FAA's order is unreasoned. §19(6) requires the FAA to record reasons. An unreasoned order is open to challenge on procedural grounds alone.
  5. You want a penalty under §20. The First Appeal does not lead to a penalty. The Commission is the only forum with §20 power. If you want the PIO penalised for the unreasonable delay, the Second Appeal is the route.

Standard Second Appeal format

Copy the block below. Replace text in [ ] with your details.

BEFORE THE CENTRAL INFORMATION COMMISSION
At Baba Gangnath Marg, Munirka, New Delhi 110067

Appeal No. ____________ of 2026
(To be filled by the Commission Registry)

In the matter of:

[Your full name]                        ... Appellant
[Your address]

      versus

[Name and designation of the PIO]       ... Respondent No. 1
[Name and designation of the FAA]       ... Respondent No. 2
[Full address of the public authority]

SECOND APPEAL UNDER §19(3) OF THE RTI ACT, 2005

The Appellant respectfully submits:

  1. The Appellant filed an RTI application dated [DD-MM-YYYY] with
     Respondent No. 1 (PIO), Registration No. [RTI number], seeking
     the following information: [brief summary].

  2. The PIO replied on [DD-MM-YYYY] (or did not reply at all by
     Day 30, the deemed-refusal date being [DD-MM-YYYY]).

  3. The Appellant filed a First Appeal dated [DD-MM-YYYY] with
     Respondent No. 2 (FAA) under §19(1). The FAA passed an order
     dated [DD-MM-YYYY] (or did not decide within 45 days, the
     deemed-refusal date being [DD-MM-YYYY]).

  4. Aggrieved by the order or non-decision of the FAA, the
     Appellant prefers this Second Appeal under §19(3) of the RTI
     Act, 2005 within 90 days of the FAA's order.

GROUNDS OF APPEAL:

  (a) [Specific ground naming the breach by PIO and FAA.]
  (b) [Second ground, citing §8, §10, §11, §7, or §19 as relevant.]
  (c) [Third ground, citing CIC precedent if one exists.]

PRAYER:

The Appellant respectfully prays that this Hon'ble Commission be
pleased to:

  i.   Set aside the order of the FAA dated [DD-MM-YYYY].
  ii.  Direct the PIO under §19(8)(a) to supply the information
       requested in the RTI dated [DD-MM-YYYY], free of additional
       fee.
  iii. Award costs of Rs. _____ under §19(8)(b) for the delay.
  iv.  Impose a penalty under §20 on the PIO for the unreasonable
       refusal and delay.
  v.   Pass any other order the Commission considers fit.

ENCLOSURES:

  1. Copy of the RTI application dated [DD-MM-YYYY].
  2. Copy of the PIO's reply (or proof of non-reply).
  3. Copy of the First Appeal dated [DD-MM-YYYY].
  4. Copy of the FAA's order (or proof of FAA's non-decision).
  5. Proof of identity (Aadhaar / PAN / Voter ID).
  6. Index of documents.

Verified at [City] on the [DD-MM-YYYY] day of [Month], 2026.

[Signature]
[Printed name]
[Phone] · [Email]
[Date]

Online filing via cic.gov.in

The Central Information Commission accepts online Second Appeals through cic.gov.in for citizens with an RTI Online Portal account.

  1. Log in with the same mobile + OTP you used to file the original RTI on rtionline.gov.in.
  2. Open the request in your dashboard. After Day 45 from the FAA's silence (or after the FAA's order), the portal shows a “File Second Appeal” button.
  3. Upload the FAA order or proof of non-decision as a PDF.
  4. Write the grounds in the text box. Use the same headings as the format above.
  5. Submit. The portal generates a Second Appeal Registration Number and forwards the file to the CIC Registry.

No fee. No need to post the papers.

What happens at the CIC hearing

The CIC takes between 8 and 24 months to list a Second Appeal for hearing, depending on the bench's load. The hearing is short.

  • Notice. The Registry sends a hearing notice by post and email at least 21 days before the date. The notice lists the Bench, the date, and the case number.
  • Mode. Most hearings are held by video conference. The link arrives by email on the day before. Some Benches still call appellants to Munirka in Delhi.
  • Who appears. The Appellant in person (or through a representative under §19(5)), and the PIO and the FAA on behalf of the public authority.
  • What happens. The Bench asks the PIO why the information was withheld. The PIO answers. The Appellant gets 5-10 minutes to rebut. The Bench reserves the order.
  • Order timeline. The written order arrives by email and post within 2-8 weeks of the hearing.

Time limits

Time limit to file 90 days from FAA's order OR 90 days from the 45-day deemed-refusal date
Condonation of delay The Commission has power under §19(3) proviso to condone delay if the Appellant shows sufficient cause
Notice to the parties At least 21 days before the hearing under CIC procedure regulations
CIC's outer deadline The Act sets no outer deadline for CIC orders. Most cases close in 1-2 years
Statutory base §19(3), §19(5), §19(8), §20 of the RTI Act, 2005

Powers of the Commission under §19(8)

§19(8) gives the Commission six powers. Use the prayer block above to invoke each one.

  1. §19(8)(a): Require the public authority to provide information in a specified form.
  2. §19(8)(b): Require the public authority to publish information required to be published under §4.
  3. §19(8)©: Require the public authority to make changes to its records management.
  4. §19(8)(d): Require the public authority to enhance the training of its officers.
  5. §19(8)(e): Require the public authority to provide an annual report to the Commission.
  6. §19(8)(f): Award costs to the Appellant for the time and effort spent on the appeal.

Penalty under §20

§20 is a separate prayer. The Commission imposes a penalty when the PIO has, without reasonable cause:

  • Refused to receive the RTI application.
  • Failed to provide information within the time limit.
  • Malafidely refused the request.
  • Knowingly given incorrect, incomplete, or misleading information.
  • Destroyed information subject to the request.
  • Obstructed the supply of information in any manner.

The penalty is Rs. 250 per day of delay, up to Rs. 25,000 in total. The penalty is on the PIO personally, not on the public authority. The CIC recovers it from the PIO's salary under §20(2).

Add the §20 prayer to your Second Appeal. The CIC does not impose §20 on its own; it requires the Appellant to ask for it.

After the CIC order

The CIC's order is final under the RTI Act. The only further remedy is a writ petition under Article 226 (High Court) or Article 32 (Supreme Court). File the writ within 90 days of the CIC order if the order is against you. If the CIC ordered disclosure and the public authority refuses, file a contempt petition in the High Court.

CIC sat on your appeal for years? Writ remedy.

The High Courts of Delhi, Bombay, Karnataka, and Madras have entertained writs under Article 226 against CIC inaction. Cite Indian Express v. CIC (Delhi HC 2019) and CPIO, SC v. Subhash Chandra Agarwal (SC 2019) for the proposition the Commission cannot indefinitely defer an appeal.

Templates: RTI Application Format · First Appeal Format · Second Appeal Format
Stuck? Use the AI RTI Drafter for any of the three formats.

Frequently asked questions

Is there a prescribed format for a Second Appeal to the CIC?

The Act does not prescribe a single fixed format. The CIC's own Procedure Regulations, 2007 list the required headings: appellant details, respondent details, grounds, prayer, and verification. The standard format above includes every one of these headings.

Do I need a lawyer for the Second Appeal?

No. §19(5) allows the appellant to appear in person. The CIC's hearings are non-adversarial. A lawyer is helpful in complex cases (third-party disclosure under §11, sensitive §8(1)(j) personal information matters) but not required.

How long does the CIC take to hear a Second Appeal in 2026?

8 to 24 months from filing, depending on the Bench's load. The CIC's pendency report at cic.gov.in gives the current average. Some Benches clear in 6 months, others run a 2-year backlog.

What is the fee for filing a Second Appeal?

Under the Central RTI Rules, no fee. Some State Information Commissions charge a token fee of Rs. 10 to Rs. 50 under State Rules. Check the State Commission's procedure regulations.

Will the CIC accept a Second Appeal beyond the 90-day window?

Yes, with sufficient cause. The §19(3) proviso gives the Commission discretion to condone delay. File a separate condonation application explaining the reason for the delay (illness, missing FAA order, address change, and similar).

How is the §20 penalty recovered from the PIO?

§20(2) directs recovery from the PIO's salary in equal monthly instalments. The CIC sends a recovery order to the public authority's drawing and disbursing officer, who deducts the amount from the PIO's pay.

Is the CIC's order final, or is appeal possible?

The CIC's order is final under the RTI Act. The only further remedy is a writ petition under Article 226 in the High Court (or Article 32 in the Supreme Court). The writ must be filed within 90 days of the CIC order.

Sources

  • The Right to Information Act, 2005. §19(3), §19(5), §19(6), §19(8), §20.
  • Central Information Commission (Appeal Procedure) Regulations, 2007.
  • Central Information Commission. cic.gov.in.
  • Department of Personnel and Training. dopt.gov.in.

Last reviewed: 28 May 2026, RTI Wiki editorial team.

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