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What is the Second Appeal in RTI?

22-Jun-2025
R.T.I

Answer By law4u team

The Second Appeal in the Right to Information (RTI) Act, 2005, is a legal remedy available to an applicant when they are dissatisfied with the decision of the First Appellate Authority (FAA) regarding an RTI request. Here is a detailed explanation: 1. When is the Second Appeal Filed? If the applicant is not satisfied with the decision of the First Appellate Authority—for example, if the information is still denied, incomplete, or delayed—they can file a Second Appeal. The Second Appeal is filed after exhausting the first appeal remedy. 2. Where to File the Second Appeal? The Second Appeal is filed before the Central Information Commission (CIC) or the State Information Commission (SIC), depending on whether the public authority falls under the central or state government. --- 3. Time Limit The Second Appeal must be filed within 90 days from the date on which the decision of the First Appellate Authority was received. 4. Powers of the Information Commission The Information Commission can: Order the Public Information Officer (PIO) to provide the requested information. Impose penalties on the PIO for non-compliance or delay. Recommend disciplinary action against officials for failing to comply with the RTI Act. Direct steps to ensure future compliance and transparency. 5. Importance of the Second Appeal The Second Appeal provides a final platform for dispute resolution under the RTI Act before judicial remedies. It strengthens the transparency regime by holding public authorities accountable. Summary: The Second Appeal in RTI is the legal step taken before the Central or State Information Commission if the applicant is dissatisfied with the First Appellate Authority’s decision, providing a final opportunity to obtain information and ensure compliance with the RTI Act.

Answer By Ayantika Mondal

Dear Client, Second Appeal in the Right to Information (RTI) Act, 2005 is the last step of the appeal mechanism if an applicant is not happy with the answer received to his RTI application. In case an individual does not get any response from the First Appellate Authority (FAA) within 30 days, or is not content with the ruling, then he/she can make a Second Appeal under Section 19(3) of the RTI Act.The appeal is made to the Central Information Commission (CIC) or the State Information Commission (SIC), as the case may be, depending on whether the public authority is central or state-level. The Second Appeal should be made within 90 days from the day on which the decision was received from the FAA or the deadline for a response. The Information Commission will consider the case and can require the public authority to provide the information or do anything else as considered necessary. In short, the Second Appeal is a judicial remedy to be sought when both the original RTI response as well as the first appeal prove unsatisfactory. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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