A guide on how to file a Second Appeal under RTI Act 2005
A Second Appeal is the remedy specified in the Section 19(3) of the Right to Information Act, 2005 that can be used in case:
- 1.The FAA or First Appellate Authority fails to furnish a reply to the First Appeal within a period of 30 days.
- 2.The citizen is not satisfied with the response/decision of the FAA.
- 3.The FAA acts in a manner that goes against the spirit of the RTI Act.
90 days from the date you received or should have received the reply of the First Appeal from the FAA.
- 1.If your RTI was filed with a central Public Authority like SBI, Prime Minister's office, Home Ministry etc you should file the Appeal with CIC. The most recent address of the CIC is CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110067 as given here.
- 2.If your RTI was filed with a state Public Authority like Municipal Corporation, Transport Office etc you can file the Second Appeal with either the SIC of the respective state or the CIC. However only one must be chosen and you cannot file the Appeal with both of them. The addresses of the SICs can be found at their respective websites as listed here.
There is no fee for filing a Second Appeal.
If a SIC recommends a certain specific format to be used, you can find the same on their website. Nonetheless the format specified by the CIC can also be used for the SIC.
- 1.Fill the appeal application as per the format provided above. As specified in the format you can also request a personal hearing before the Information Commission if needed. Make sure to sign the appeal as requested at the bottom of the application.
- 2.Attach self-attested copies of the original RTI application, PIO reply if any, First Appeal, FAA reply if any, postal receipts, delivery proof, your ID proof supporting documents to the Appeal application. Self attested means to sign the pages by your own hand.
- 3.Address the Appeal application to the SIC/CIC and make a copy of the Appeal application and keep it safe for future reference.
- 4.Post the Appeal application either by Speed Post or by Registered Post only. Keep the postal receipt safe for future reference.
- 5.There is no time limit specified in the RTI Act 2005 for the Information Commission to arrive at a decision for a Second Appeal. Expect up to 90 days for a reply.