How to File a Second Appeal under the Right to Information Act (RTI Act): A Comprehensive Guide

Under the Right to Information Rules 2012, the process for filing a second appeal is laid out in Rule 10. This guide will provide you with a step-by-step process on how to file a second appeal and ensure that your appeal is complete and effective. The keyword for this guide is 'Second Appeal'.

Understanding the Legal Framework

Under Section 19 of the RTI Act 2005, a Second Appeal can be filed before the Central Information Commission (CIC). When the First Appellate Authority does not provide a satisfactory decision, a second appeal can be made to the CIC. This appeal should be based on the grounds of the first appeal and must be supported by relevant documents.

Time Limit and Method of Filing

According to Section 193 of the RTI Act 2005, a Second Appeal must be filed within 90 days from the date on which you received the decision of the First Appellate Authority, or within 90 days after the expiry of 45 days from the date of filing the first appeal if no reply has been received. A detailed timeline is available on the Central Information Commission (CIC) website.

Online vs. Offline Filing

The CIC provides both online and offline options for filing Second Appeals. Online filing simplifies the process. Simply visit the CIC website, complete the necessary form, and you will be assigned a unique diary number for future reference. There is no need to provide a hard copy following the online submission. Offline filing requires the preparation of a physical appeal form in accordance with the format provided in the RTI Rules 2012.

Required Documents and Formatting Guidelines

For a Second Appeal, you need to provide the following documents:

A copy of the RTI Application with a postal order Copy of the postal receipts A copy of the reply from the Public Information Officer (PIO) A copy of the First Appeal and the order passed by the First Appellate Authority

Arrange these documents in the following order and make annexures one by one: Your front page should be a copy of the Second Appeal. In the second page, mention the prayer in the appeal. Subsequently, state the grounds of appeal and the prayer. Your signature must be included at the end. You may attach any supportive judgments or orders of the CIC from similar appeals, but make sure to attach these in the index. Each copy should be self-attested as a true copy by you.

Under the RTI Rules, an appeal should be submitted in triplicate. Therefore, you should submit three copies of the appeal. You may either approach the CIC and submit an appeal, take a copy for your reference, or submit it by registered post.

Provision for Bare Bundle of Papers

The CIC has provisions that require you to present a file with all the relevant documents. Bare bundles of papers will not be accepted.

Guidelines for Self-Attested Copies

Each copy should be self-attested as a true copy by you, with the statement 'True Copy' and your signature below. The grounds of appeal should not be attested as self-attested. Being an advocate, ensure that you do not attach any judgment or order along with the appeal, as this might go against you.

Conclusion

Following these guidelines will help you file a well-structured and effective Second Appeal under the RTI Act. For more detailed information, refer to the official page of the CIC.

#160;

- Advocate Amit Maan

Punjab and Haryana High Court