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—guide:applicant:second-appeal:format-2026 [2026/06/03 17:01] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-description=(RTI Second Appeal to the Central Information Commission. Standard format, 90-day time limit, oral hearing, and the §20 penalty regime under the RTI Act 2005. Read.)
 +metatag-og:title=(RTI Second Appeal to CIC 2026: Format, Hearing, Time Limits, and §20 Penalty Regime)}}
 +
 +====== 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.
 +
 +<WRAP info round center 90%>
 +**📥 Download the standard Second Appeal Format (Free)**
 +
 +  * [[templates:second-appeal|Second Appeal Format (English), wiki template]]
 +  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|🪄 AI RTI Drafter]]. Generates the Second Appeal with grounds in 60 seconds.
 +  * [[https://cic.gov.in|cic.gov.in]]. The CIC's own online filing portal.
 +
 +Free. No login required for filing offline.
 +</WRAP>
 +
 +===== When to file a Second Appeal =====
 +
 +File a Second Appeal in **any of these five situations**:
 +
 +  - **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.
 +  - **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.
 +  - **The FAA has gone silent.** No reply, no hearing, no acknowledgement. Treat it as a deemed refusal at Day 45 and file.
 +  - **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.
 +  - **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.
 +
 +<code>
 +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]
 +</code>
 +
 +===== Online filing via cic.gov.in =====
 +
 +The Central Information Commission accepts online Second Appeals through [[https://cic.gov.in|cic.gov.in]] for citizens with an RTI Online Portal account.
 +
 +  - **Log in** with the same mobile + OTP you used to file the original RTI on rtionline.gov.in.
 +  - **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.
 +  - **Upload the FAA order or proof of non-decision** as a PDF.
 +  - **Write the grounds** in the text box. Use the same headings as the format above.
 +  - **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.
 +
 +  - **§19(8)(a):** Require the public authority to provide information in a specified form.
 +  - **§19(8)(b):** Require the public authority to publish information required to be published under §4.
 +  - **§19(8)(c):** Require the public authority to make changes to its records management.
 +  - **§19(8)(d):** Require the public authority to enhance the training of its officers.
 +  - **§19(8)(e):** Require the public authority to provide an annual report to the Commission.
 +  - **§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.
 +
 +<WRAP info round center 90%>
 +**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:** [[templates:first-rti|RTI Application Format]] · [[templates:first-appeal|First Appeal Format]] · [[templates:second-appeal|Second Appeal Format]]\\
 +**Stuck?** Use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] for any of the three formats.
 +</WRAP>
 +
 +===== 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 [[https://cic.gov.in|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.
 +
 +===== Related on RTI Wiki =====
 +
 +  * [[guide:applicant:application:format-2026|RTI Application Format 2026 (write the original RTI first)]]
 +  * [[guide:applicant:first-appeal:format-2026|RTI First Appeal Format with grounds checklist]]
 +  * [[guide:applicant:second-appeal:cic|Second Appeal to the CIC, full guide]]
 +  * [[templates:second-appeal|Second Appeal template]]
 +  * [[act:section-19|§19 of the RTI Act]]
 +  * [[act:section-20|§20, penalty regime]]
 +  * [[https://righttoinformation.wiki/book|The RTI Playbook]]. The complete guide to filing RTI in 2026.
 +
 +===== 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. [[https://cic.gov.in|cic.gov.in]].
 +  * Department of Personnel and Training. [[https://dopt.gov.in|dopt.gov.in]].
 +
 +//Last reviewed: 28 May 2026, RTI Wiki editorial team.//
 +
 +{{tag>rti second-appeal §19 §20 cic penalty format 2026}}