RTI first appeal failed or no reply? How to file a second appeal before the CIC / State Information Commission (RTI Act s.19(3)) — 90-day limit, documents, online filing, complaint vs appeal, penalty on PIO (2026)
Plain step-by-step guide when the Public Information Officer ignored your RTI or the First Appellate Authority rejected it or stayed silent: when a second appeal lies, the 90-day clock, Central vs State Information Commission, what to attach, how online filing works, the difference between a section 18 complaint and a section 19(3) appeal, and what the Commission can order. Educational only — not legal advice. Adhiwakta does not file RTI appeals or appear before the CIC / SIC for you.
No name or phone form. WhatsApp opens with your question already written; just tap send.
First refresh the RTI ladder
Under the Right to Information Act, 2005, you first ask the Central or State Public Information Officer (CPIO / SPIO). The PIO should reply within 30 days (48 hours where life or liberty is involved); five more days can be added if the request was transferred (section 7). If you get no reply in time, or you are unhappy with the reply, file a first appeal under section 19(1) within 30 days to the First Appellate Authority (FAA) — an officer senior to the PIO in the same public authority. The FAA should decide within 30 days of receiving the appeal, or within a further 15 days (total 45) with reasons recorded in writing (section 19(6)). Only after that stage — or when the FAA stays silent for that period — does a second appeal arise.
When can you file a second appeal?
Section 19(3) lets you file a second appeal against the FAA’s decision, or where the FAA should have decided but did not, within ninety days from the date the decision was actually received or from the date it should have been made. The Central Information Commission (CIC) hears second appeals against Central public authorities; the State Information Commission (SIC) hears those against State public authorities. The Commission may admit a late appeal if you show sufficient cause for the delay. You do not need a lawyer to file, but the papers must be clear and complete.
Is your situation a little different? Send your question on WhatsApp.
Write in Hindi or English · general guidance, not legal advice
Papers to keep ready
Keep: (1) a copy of the original RTI application and proof of filing / portal acknowledgement; (2) the PIO’s reply, or proof that no reply came (portal status, Speed Post tracking, diary number); (3) the first-appeal memo and proof of filing; (4) the FAA’s order, or a short note that no order came within 30 / 45 days; (5) your identity proof and contact details; (6) a clear prayer — for example ‘direct disclosure of points 1–4’ or ‘impose penalty for unexplained delay’. Number the annexures and make a short index. Do not add new information requests that were never put to the PIO — the Commission decides the request that was already made.
How to file — CIC and SIC
For Central public authorities, file on the CIC portal (cic.gov.in) under Second Appeal / Complaint, or as the Commission’s current online form provides; follow the on-screen checklist and upload PDFs within size limits. For a State department, municipality, university or police under a State, use that State’s SIC portal or the physical form notified by the SIC. Follow fee instructions on the portal if any. Note the diary / registration number and keep screenshots of successful submission.
Second appeal vs section 18 complaint
A second appeal under section 19(3) asks the Commission to decide whether information should be given after the FAA stage. A complaint under section 18 can be filed for problems such as no PIO appointed, refusal to accept an RTI, unreasonable fee, incomplete or false information, or destruction of records — and in some situations it can be filed without first going through the FAA. The CIC’s own FAQ says a second appeal is against the FAA’s decision or silence (up to 45 days). Choose the route that matches your facts; many applicants file a second appeal when the FAA has rejected disclosure or ignored the first appeal.
What the Commission can do
The Commission’s decision is binding (section 19(7)). It can direct the public authority to give the information, change record-keeping practices, train officers, compensate you for loss or detriment, impose the penalty under section 20 (₹250 per day of delay, capped at ₹25,000) and recommend disciplinary action against the PIO, or reject the appeal (section 19(8)). In the appeal, the burden is on the PIO to justify the denial (section 19(5)). Hearings may be physical or video; attend on the date given or seek adjournment in writing early. After a favourable order, if the department still does not comply, write to the Commission for compliance and keep proof.
Avoid these mistakes
Do not skip the first appeal when a second appeal is the correct next step after a PIO reply — the ninety-day clock usually runs from the FAA stage. Do not miss the ninety days without a condonation application explaining the delay. Do not file in the CIC for a purely State subject (and vice versa). Do not send the only copy of original documents. Beware of touts who promise ‘CIC priority’ for a fee — use only the official portals. If the information concerns a third party, the Commission will hear that person too (section 19(4)).
How Adhiwakta can help
We do not draft or file RTI applications or appeals, and we do not appear before the CIC, SIC, PIO or FAA for you, and we do not promise any result. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
Have a related question?
Frequently asked questions
- When should I file an RTI second appeal?
- After the First Appellate Authority’s order, or when the FAA does not decide within 30 days (up to 45 days with reasons). File within 90 days under section 19(3) of the RTI Act before the CIC (Central) or SIC (State).
- What is the time limit for a second appeal?
- Ninety days from the date the FAA decision was received or should have been made. The Commission may condone delay if you show sufficient cause.
- CIC or State Information Commission — which one?
- CIC for Central Government public authorities; the State Information Commission for State public authorities (State departments, many universities, municipalities, State police, and so on).
- Is a second appeal the same as a section 18 complaint?
- No. A second appeal under section 19(3) follows the FAA stage on disclosure. A section 18 complaint covers problems like refusal to accept an RTI, no PIO, or false / incomplete information, and can sometimes be filed without a first appeal.
- Can the Commission fine the PIO?
- Yes. Under section 20 the Commission may impose ₹250 per day of delay, up to ₹25,000, and may recommend disciplinary action, after giving the PIO a hearing.
Share Adhiwakta with someone who needs it
Send this page on WhatsApp — legal information in Hindi & English.