A Second Appeal under Section 19(3) of the RTI Act, 2005 is the final statutory remedy when the First Appellate Authority order is unsatisfactory or the FAA does not decide in time. It is filed with the Central Information Commission (CIC) for Central public authorities or the State Information Commission (SIC) for State public authorities, within 90 days of the FAA order or the expiry of the FAA's 45-day decision window.

Part of the PIO / FAA Knowledge Base.

• Legal basis — Section 19(3), RTI Act, 2005.
• When — within 90 days of the FAA's order, or after 45 days if the FAA did not decide.
• To whom — Central Information Commission (Central) or State Information Commission (State).
• Commission powers — §19(8) — direct disclosure, award compensation, initiate §20 penalty, direct §4(1)(b) compliance.
• Disposal — Commission orders are binding; enforcement is via writ under Article 226.

Section 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: 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.

• CPIO, Supreme Court v. Subhash Chandra Agarwal (SC 2019) — Information Commission must apply §8(1)(j) public-interest balancing; appellate review is substantive.
• Namit Sharma v. Union of India (SC 2013 (cited)) — Commissions exercise quasi-judicial power; reasoned orders mandatory.
• CIC Full Bench on political parties (CIC 2013) — Commission power to bind public authorities to §4(1)(b) compliance.
• Anjali Bhardwaj v. Union of India (SC 2019) — Commission vacancies and speedy disposal are rights-critical.

Browse the full case-law database — 362 curated rulings for more.

BEFORE THE CENTRAL / [NAME] STATE INFORMATION COMMISSION

Second Appeal under Section 19(3) of the RTI Act, 2005

Appeal No. [to be allotted]

In the matter of:
    [Your name]                                               ... Appellant

    Versus

    [PIO designation + public authority]                      ... Respondent-1
    [FAA designation + public authority]                      ... Respondent-2

Brief facts:
1. I filed an RTI application dated [date] seeking [description].
2. The CPIO responded on [date] / did not respond within 30 days.
3. I filed a First Appeal on [date]. The First Appellate Authority
   [decided on date] / [did not decide within 45 days].
4. Aggrieved by the FAA order / non-decision, this Second Appeal is preferred.

Grounds of Second Appeal:
(i)   [Specific ground — e.g., FAA failed to apply §10 severance]
(ii)  [Specific ground — e.g., FAA affirmed without reasons]
(iii) [Specific ground — e.g., FAA did not consider §8(2) public interest]

Relief sought:
(i)   Set aside the FAA order dated [date];
(ii)  Direct Respondent-1 to furnish complete information;
(iii) Impose §20 penalty on the CPIO;
(iv)  Direct compensation to the appellant under §19(8)(b).

Annexures:
A — RTI application dated [date]
B — PIO reply dated [date]
C — First Appeal filed on [date]
D — FAA order dated [date] (if any)

[Signature]
[Name of Appellant]
[Address, phone, email]
[Date]

• Blanket invocation without a specific statutory anchor and reasoning.
• Skipping public-interest balancing under §8(2) where an override is plausible.
• Generic “sensitive” labels instead of the precise clause.
• Missing 30-day clock tracking — §7(1) drives downstream appeals.
• No severance attempt under §10 where parts of the record are disclosable.

Q1. Is there a fee for a Second Appeal?

No. §19(3) does not prescribe a fee. State Commissions are similarly fee-free except for copy charges.

Q2. Can I argue new grounds not raised at First Appeal?

Generally yes, with leave of the Commission — but a fresh claim not raised at First Appeal weakens your case.

Q3. How long does the CIC take?

Officially unlimited, but listing typically takes 6-18 months depending on backlog.

Q4. Can the Commission impose penalty on the PIO?

Yes under §20(1) — Rs 250/day of delay, up to Rs 25,000, and disciplinary recommendation under §20(2).

Q5. What if I disagree with the Commission order?

File a writ petition under Article 226 before the High Court. No statutory appeal lies.

• Sibling framework pages: §19(1) First Appeal Guide · §19(3) Second Appeal · §20 Penalty · §22 Override · §24 Exempt Bodies
• Procedure side: PIO Reply Guide · FAA Speaking-Order Guide
• §8 exemption deep-dives: §8(1)(j) · §8(1)(e) · §8(1)(h) · §8(1)(i)
• Full Act text: RTI Act with DPDP 2025 overlay
• Landmark rulings: 362 curated RTI cases

• PIO / FAA Knowledge Base (hub)
• All 10 grounds for RTI rejection
• Appellate review checklist
• RTI Glossary — 40 essential terms

• Right to Information Act, 2005.
• Digital Personal Data Protection Act, 2023, §44(3) — notified 14 November 2025.
• Supreme Court and High Court judgments cited above.
• Central Information Commission and State Information Commission decisions, as indexed in our case-law database.

Last reviewed: 22 April 2026.