RTI Second Appeal Format: Filing Before the Information Commission

You filed the RTI application and got silence. You filed the first appeal and got more silence. At this point the request has been sitting inside the department for four months and the only remaining remedy is the second appeal before the Information Commission. This is the stage where the Commission can order disclosure, award compensation and impose a penalty on the officer who sat on the file.

The rti second appeal format is less about eloquence and more about proving three things in the first two pages: what you asked for, when you asked for it, and what the public authority did or failed to do. Everything else in the appeal supports those three facts.

When the second appeal lies

Section 19(3) of the Right to Information Act, 2005 provides for a second appeal to the State Information Commission or the Central Information Commission, as the case may be. It lies against a decision of the first appellate authority, or against the failure of that authority to decide the first appeal within the period specified in Section 19(6). The limitation is ninety days from the date on which the first appeal should have been decided or from the date of the decision, and the Commission may admit an appeal after ninety days if it is satisfied that there was sufficient cause for the delay.

Three situations bring you here. The first appellate authority has passed an order that still refuses disclosure. The first appellate authority has passed an order directing disclosure but the PIO has not complied. The first appellate authority has said nothing at all. The third is the most common and the strongest, because non-compliance with Section 19(6) is admitted by the record itself.

Which Commission, and how to address it

The second appeal goes to the State Information Commission for a state public authority and to the Central Information Commission for a central public authority. A municipal corporation, a state department, a state university and a state police establishment are state authorities. A ministry, a central public sector undertaking, a national board and a central university are central authorities. Filing before the wrong Commission wastes months, because the appeal is returned rather than transferred.

Address the appeal to the "Registrar" or the "Secretary" of the Commission, in the format the Commission prescribes. Most Commissions publish an appeal form and a checklist on their website. Use the prescribed form where one exists, and attach the additional grounds as an annexure. Where no form is prescribed, a plain paper appeal in the structure below is accepted.

The format, field by field

The grounds that actually succeed

A second appeal succeeds on procedural failure more often than on argument about exemptions. The strongest grounds are these.

• Deemed refusal. The PIO did not decide within thirty days, and the first appellate authority did not decide within thirty or forty-five days. Both failures are on the record and require no argument.
• No reasoning in the refusal. The PIO rejected the request without citing the clause of Section 8 relied on. Section 7(8) requires the rejection to state the reasons and the exemption.
• No appellate remedy communicated. The reply did not inform the applicant of the right to appeal, the period and the authority, as required by Section 7(1).
• Wrong application of Section 8(1)(j). Personal information was withheld even though the records concern the discharge of public duties by officials. The proviso to Section 8(1)(j) permits disclosure where public interest justifies it.
• Non-compliance with the first appellate order. The authority was directed to disclose and did not. This is treated seriously and can attract a penalty.
• Transfer without communication. The request was transferred under Section 6(3) but the applicant was not informed within five days, or the transfer was made to an authority that also does not hold the records.

Each ground should name the provision and the date. "The PIO failed to comply with Section 7(1)" is weaker than "The application was submitted on 4 February 2026 with a fee of Rs 10 by demand draft; no reply was received within thirty days, that is by 6 March 2026; the first appeal was filed on 12 March 2026 and no order was received within thirty days, that is by 11 April 2026."

Penalty and compensation

Section 20 gives the Commission power to impose a penalty on the PIO where it finds that the officer refused to receive an application, did not furnish information within the period, maligned the request, knowingly gave incorrect or incomplete information, or destroyed information. The penalty can be up to Rs 25,000, and in cases of continued failure, up to Rs 250 per day of delay subject to the overall cap. The Commission also has power to recommend disciplinary action.

Section 19(8)(b) allows the Commission to award compensation to the appellant for loss or detriment suffered. Compensation is not automatic and is usually modest, but claiming it puts the delay on the record. Ask for both in the relief clause, and quantify the loss where you can: fees paid, travel to hearings, lost wages, the cost of certified copies.

Filing, service and hearing

Many Commissions accept online filing through their portal; others require a physical set with a prescribed number of copies. Send a copy of the appeal to the PIO and the first appellate authority by registered post at the same time, and attach the postal receipts to the Commission's copy. Service on the respondents is what allows the Commission to issue notice and list the matter.

The Commission usually issues a notice of hearing, often by email or post, and the matter is heard by a single Information Commissioner or a bench. Appellants can appear in person, through an authorised representative, or by video conferencing where the Commission allows it. The hearing is informal compared to a court, but it is still an adversarial proceeding: the PIO will be present and will explain why the information was withheld.

At the hearing, keep to the specific items. If the Commission asks whether you still need item four, say yes and explain in one sentence why. If the PIO offers to provide some items, accept in writing and press for the rest. Do not concede the whole request to end the hearing quickly.

After the order

If the Commission directs disclosure within a fixed period and the authority does not comply, the next step is a compliance petition before the same Commission. Attach the order, the proof of service and an affidavit that nothing was received. Commissions routinely direct the PIO to appear in person and explain non-compliance, and repeated non-compliance can lead to a penalty and a direction to the head of the department.

If the Commission dismisses the appeal, the order is ordinarily final on facts. A writ petition under Article 226 of the Constitution before the High Court is the remaining remedy, but courts are slow and the scope of review is limited to jurisdictional error and perversity. For most applicants, a fresh and better-drafted RTI application is faster than litigation.

Mistakes that get second appeals rejected at the registry

• Filing before the first appeal is decided or its period expires. The appeal is premature and will be returned.
• Not impleading the first appellate authority. The Commission needs both the PIO and the appellate authority to pass a complete order.
• Missing annexures. Registries return appeals without the original application and the first appeal. Send a complete set.
• Raising items not in the original application. The scope is fixed by the original request. New items need a new application.
• Filing before the wrong Commission. A state authority's appeal to the Central Information Commission will be returned, not transferred.
• No proof of service on the respondents. Without it, the Commission cannot list the matter and the file sits.

Frequently asked questions

Is there a fee for the second appeal?

No fee is prescribed under the central rules for the second appeal. Some Commissions charge a nominal fee under their regulations. Check the Commission's website and keep the receipt if you pay.

How long does a second appeal take?

The Act does not fix a disposal period for the Commission. In practice, listing takes several months and the hearing may be adjourned. Commissions give priority to cases involving life and liberty and to appeals where the information is time-sensitive. Mention urgency in the appeal if it applies.

Can I file a second appeal if the first appeal was dismissed as time-barred?

Yes. The dismissal of the first appeal on limitation is itself a decision of the first appellate authority and can be challenged under Section 19(3). The Commission can examine whether the first appellate authority was right to refuse to condone the delay, and it has its own power to condone delay in the second appeal.

Can I appear by video conference?

Many Commissions allow video conferencing, particularly where the appellant lives far from the Commission's office. Apply in writing before the hearing with the reason and a contact number. Some Commissions require a prior request and identity verification.

What if the information is destroyed after the request?

Destruction of information after a request is one of the grounds for penalty under Section 20. If you suspect it, say so in the appeal and ask the Commission to call for the record-keeping register. The Commission can direct an inquiry into how the records were maintained and destroyed.

Does the Commission's order bind the public authority?

Yes. The order is binding and the public authority must comply within the period fixed. Non-compliance can lead to a penalty and to a direction to the head of the department. If the order is not complied with, file a compliance petition before the same Commission with proof of non-receipt.

Drafting Support

Our drafting team prepares second appeals with a clean chronology table, grounds tied to specific provisions, a quantified relief clause covering disclosure, penalty and compensation, and a complete annexure index. Send us the application, the reply and the first appeal, and we will assemble the filing set for the Commission.