RTI Second Appeal — Section 19(3) Citizen Guide
Quick answer. A second appeal is the second level of escalation under the RTI Act, 2005 — filed under §19(3) when the First Appellate Authority (FAA) has either rejected your first appeal or failed to respond within 30 days (or 45 days with extension). The second appeal goes to the Central Information Commission (CIC) for central public authorities or the State Information Commission (SIC) for state authorities. The deadline is 90 days from receipt of the FAA order (or from the date by which the FAA was supposed to respond). Filing is free at central level (no fee for second appeal). The Commission has powers under §19(8) to order disclosure, impose §20 penalties of up to ₹25,000 on the PIO, and award compensation under §19(8)(b).
When to file a second appeal
- You filed a First Appeal under §19(1) within 30 days of the PIO order (or deemed refusal).
- The FAA has either rejected the first appeal, modified it unfavourably, or failed to respond within the statutory window.
- You now have 90 days under §19(3) to file the second appeal.
Where to file
- Central public authorities (Ministries, central PSUs, central commissions, Election Commission, etc.) → Central Information Commission.
- State public authorities (state ministries, state PSUs, state commissions, municipal bodies, district administration) → the relevant State Information Commission. Find it via the state RTI portals directory or state RTI master guide.
Second appeal vs §18 complaint
- §19(3) second appeal — used when the PIO supplied incomplete/incorrect information OR the FAA wrongly rejected the first appeal. Goal: get the information.
- §18 complaint — used when the PIO refused to accept the application, demanded illegal fee, or failed to designate a PIO. Goal: penalty action against the officer.
- Both can be filed together if both grounds apply.
What to include in the second appeal
- Cover letter addressed to the Commission's Registrar.
- Copy of the original §6(1) RTI application + proof of dispatch.
- Copy of the PIO's reply (or evidence of non-reply after 30 days).
- Copy of the §19(1) first appeal + proof of dispatch.
- Copy of the FAA's order (or evidence of non-reply after 30/45 days).
- Brief statement of the grounds: which information remains undisclosed, why the FAA reasoning was wrong, and what remedy is sought.
- Index of all enclosures with page numbers.
- Identity proof (citizenship; an Aadhaar/voter-ID copy is standard).
Format + filing
- CIC online portal: https://cic.gov.in
- By post: dispatch by Speed Post (AD) to the Registrar of the relevant Commission.
- Hard-copy preferred: Commissions still process hard-copy filings faster than online for most state SICs.
- Fee: zero at the Commission level. Photocopy charges (Rs 2 per page) only apply to information eventually disclosed.
Deadline mechanics
| Trigger event | Second appeal deadline |
| FAA order received | +90 days |
| FAA failed to respond within 30 days | +90 days from day 31 |
| FAA failed to respond after 45-day extension | +90 days from day 46 |
