The Right to Information Act, 2005 – Second Appeal

If an applicant is not satisfied with the decision of the First Appellate Authority (FAA), or if the FAA does not dispose of the appeal within the stipulated time, they can approach the Central Information Commission (CIC) or the State Information Commission (SIC) by filing a Second Appeal under Section 19(3) of the RTI Act, 2005.

Grounds for Second Appeal

• FAA did not decide the First Appeal within the prescribed period of 30–45 days.
• The applicant is dissatisfied with the FAA’s order.
• The applicant still did not receive complete, correct, or relevant information.
• Continued denial of information without valid grounds.
• Cases involving violation of RTI provisions by the PIO or FAA.

Procedure for Filing Second Appeal

1. Identify the Authority:

   • File before the Central Information Commission (CIC) for central government public authorities.
   • File before the State Information Commission (SIC) for state government public authorities.

2. Time Limit:

   • The Second Appeal must be filed within 90 days from the date of the decision of the FAA, or from the date when the FAA should have given its decision.

3. Format:

   • No strict format, but the appeal must include:
     • Particulars of the RTI application.
     • Copy of PIO’s reply (if any).
     • Copy of First Appeal and FAA’s decision (if any).
     • Grounds of dissatisfaction.
     • Relief sought.

4. Fee:

   • Generally, no fee is charged for filing a Second Appeal.
   • However, some state rules may require nominal charges.

5. Mode of Submission:

   • Appeals can be submitted in person, by post, or through RTI Online Portal (for central authorities).

Sample Format of Second Appeal

To,
The Central/State Information Commission,
[Full Address].

Subject: Second Appeal under Section 19(3) of RTI Act, 2005

Respected Sir/Madam,

I filed an RTI application dated [DD/MM/YYYY] with the Public Information Officer of [Department Name]. Subsequently, I filed a First Appeal dated [DD/MM/YYYY] before the First Appellate Authority. However, [the FAA has not disposed of the appeal within the prescribed period / the order of the FAA is unsatisfactory].

Grounds of Appeal:

1. [State reason clearly – e.g., incomplete information, no decision from FAA, denial without justification].

Relief Sought:
I request the Hon’ble Commission to direct the concerned Public Authority to provide the complete and correct information as per the RTI Act, 2005, and to take necessary action against the PIO/FAA for non-compliance.

Enclosures:

1. Copy of original RTI application.
2. Copy of PIO’s reply (if any).
3. Copy of First Appeal and FAA’s order (if any).
4. Proof of submission of applications/appeals (postal receipts/acknowledgments).

Yours faithfully,
[Name]
[Address]
[Contact No.]
Date: [DD/MM/YYYY]
Place: [City]