19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
1.Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
19 (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
19 (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:
1.Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
19 (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
19 (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
19 (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to
a.require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including
i.by providing access to information, if so requested, in a particular form;
ii.by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
iii.by publishing certain information or categories of information;
iv.by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
v.by enhancing the provision of training on the right to information for its officials;
vi.by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
b.require the public authority to compensate the complainant for any loss or other detriment suffered;
c.impose any of the penalties provided under this Act;
d.reject the application.
19 (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
19 (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
Kindly follow these guidelines for filling Second Appeal at Central Information Commission.
1. Fill in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”
3. Get one photocopy of:
o Original application under RTI with its enclosures
o First appeal with its enclosures
o Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other charges
o Copy of demand letter of CPIO for charges if any
o Postal proof of mailing original application and first appeal
o Postal AD slips/official acknowledgement received from CPIO and FAA
o Decisions of CPIO and FAA if received
4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint.
5. Prepare additional four sets as above by photocopying.
6. Sign each page of appeal, index and chronology chart [all five sets].
7. Self attest all the photocopies by signing under the word “Attested”
8. Send one set by speed/regdad/upc post to each of CPIO and FAA and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart.
9. Mail original set and one extra copy of set by registered AD to the commission at the following address:
The Registrar,
CENTRAL INFORMATION COMMISSION
II floor, August Kranti Bhavan,
Bhikaji Kama Place,
NEW DELHI 110066
10. Avoid courier services.
11. Retain one set for your record and reference, with proof of mailing and AD received from CIC/CPIO/FAA for having received second appeal/complaint.
12. If postal AD card is not received or acknowledgement letter is not received from CIC within 15 days of mailing, it is better to send by speed post copy of only second appeal/complaint [without enclosures] with a request to trace the same at CIC. Photocopy of regd post receipt may also be mailed to CIC.
13. You can consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally free.
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