What is the difference between an RTI first appeal and a second appeal to the CIC?
Updated · 30 September 2026
A first appeal is an internal review filed within 30 days before the First Appellate Authority (FAA) in the same public authority, with no fee; the FAA must decide within 30 days (extendable to 45). A second appeal goes to the external Central Information Commission (CIC) or the relevant State Information Commission within 90 days of the FAA's order, also generally fee-free under the Central Rules (confirm your state's rule). Only the Commission — not the FAA — can impose a Section 20 penalty of ₹250 per day, capped at ₹25,000, on the PIO personally, besides directing disclosure and awarding compensation.
What is the difference between a first appeal and a second appeal under the RTI Act?
Both are remedies against a Public Information Officer (PIO) who refuses, delays, or gives incomplete information, but they sit at different levels:
First appeal — filed within the same public authority, before a senior officer designated as the First Appellate Authority (FAA). It is essentially an internal review, with no filing fee and no specific format prescribed.
Second appeal — filed with an external, independent body: the Central Information Commission (CIC) for central public authorities, or the relevant State Information Commission (SIC) for state authorities. Only the Commission has the power to penalise the PIO personally under Section 20 of the RTI Act, 2005 — the FAA cannot impose a penalty.
You must ordinarily exhaust the first appeal before filing a second appeal; you cannot go directly to the Commission while skipping the FAA, except in narrow circumstances the Commission may still entertain, such as where the public authority has failed to appoint a PIO or FAA at all.
First appeal — filed within the same public authority, before a senior officer designated as the First Appellate Authority (FAA). It is essentially an internal review, with no filing fee and no specific format prescribed.
Second appeal — filed with an external, independent body: the Central Information Commission (CIC) for central public authorities, or the relevant State Information Commission (SIC) for state authorities. Only the Commission has the power to penalise the PIO personally under Section 20 of the RTI Act, 2005 — the FAA cannot impose a penalty.
You must ordinarily exhaust the first appeal before filing a second appeal; you cannot go directly to the Commission while skipping the FAA, except in narrow circumstances the Commission may still entertain, such as where the public authority has failed to appoint a PIO or FAA at all.
When and how do I file a first appeal to the First Appellate Authority?
You can file a first appeal in either of these situations: (1) the PIO refuses your request, in full or in part, citing an exemption or any other reason; OR (2) the PIO does not respond at all within 30 days (deemed refusal) — you can trigger the appeal from day 31.
Timeline: file within 30 days of receiving the PIO's order, or of the deemed-refusal date. The FAA has discretion to admit a delayed appeal if you show sufficient cause.
Fee: no fee is charged for a first appeal under the Central RTI Rules; most states follow the same approach, but confirm on your state's RTI portal since fee rules are state-specific.
Procedure:
1. Address the appeal to the FAA named on the PIO's reply, or ask the PIO's office who the designated FAA is.
2. Attach copies of your original RTI application and the PIO's response (or note that none was received).
3. State the specific grounds — non-response, an invalid exemption, incomplete information, an unreasonable fee demand, or the wrong format.
4. Submit by registered post, in person with an acknowledgement, or via the RTI Online Portal where available.
The FAA must decide within 30 days, extendable to 45 days with reasons recorded in writing. The FAA can direct the PIO to disclose the information, reduce or waive fees, or uphold the PIO's decision — but cannot impose a Section 20 penalty; that power belongs only to the Information Commission.
Timeline: file within 30 days of receiving the PIO's order, or of the deemed-refusal date. The FAA has discretion to admit a delayed appeal if you show sufficient cause.
Fee: no fee is charged for a first appeal under the Central RTI Rules; most states follow the same approach, but confirm on your state's RTI portal since fee rules are state-specific.
Procedure:
1. Address the appeal to the FAA named on the PIO's reply, or ask the PIO's office who the designated FAA is.
2. Attach copies of your original RTI application and the PIO's response (or note that none was received).
3. State the specific grounds — non-response, an invalid exemption, incomplete information, an unreasonable fee demand, or the wrong format.
4. Submit by registered post, in person with an acknowledgement, or via the RTI Online Portal where available.
The FAA must decide within 30 days, extendable to 45 days with reasons recorded in writing. The FAA can direct the PIO to disclose the information, reduce or waive fees, or uphold the PIO's decision — but cannot impose a Section 20 penalty; that power belongs only to the Information Commission.
When and how do I file a second appeal to the CIC or State Information Commission?
File a second appeal when the FAA rejects your appeal, gives an unsatisfactory order, or itself fails to decide within the 30/45-day window.
Timeline: within 90 days of the date you received the FAA's order, or — if the FAA never decided — within 90 days of the expiry of the maximum 45-day period for the FAA to act. The Commission has discretion to condone delay for sufficient cause.
Where to file: the Central Information Commission for central ministries, PSUs and central autonomous bodies; the corresponding State Information Commission for state government departments, state PSUs and local bodies.
Fee: no fee is prescribed for a second appeal under the Central RTI Rules. Some states — including Maharashtra and Madhya Pradesh — have notified their own rules that prescribe a nominal appeal fee, so confirm the current fee, if any, on your Commission's own portal before filing.
What to file:
1. A copy of the original RTI application and the PIO's reply (or proof that none was given).
2. A copy of the first appeal and the FAA's order (or a statement that none was passed).
3. A memorandum of second appeal stating the grounds and the relief sought.
4. Supporting documents — postal receipts, acknowledgement copies, and any correspondence.
Filing is increasingly done online through the Commission's e-filing portal where available, or by post; many Commissions now also conduct hearings by video conference. Disposal timelines vary widely — from a few months to well over a year — depending on the Commission's pending caseload, so track your appeal's status periodically.
Timeline: within 90 days of the date you received the FAA's order, or — if the FAA never decided — within 90 days of the expiry of the maximum 45-day period for the FAA to act. The Commission has discretion to condone delay for sufficient cause.
Where to file: the Central Information Commission for central ministries, PSUs and central autonomous bodies; the corresponding State Information Commission for state government departments, state PSUs and local bodies.
Fee: no fee is prescribed for a second appeal under the Central RTI Rules. Some states — including Maharashtra and Madhya Pradesh — have notified their own rules that prescribe a nominal appeal fee, so confirm the current fee, if any, on your Commission's own portal before filing.
What to file:
1. A copy of the original RTI application and the PIO's reply (or proof that none was given).
2. A copy of the first appeal and the FAA's order (or a statement that none was passed).
3. A memorandum of second appeal stating the grounds and the relief sought.
4. Supporting documents — postal receipts, acknowledgement copies, and any correspondence.
Filing is increasingly done online through the Commission's e-filing portal where available, or by post; many Commissions now also conduct hearings by video conference. Disposal timelines vary widely — from a few months to well over a year — depending on the Commission's pending caseload, so track your appeal's status periodically.
What relief can the Information Commission order, including penalties under Section 20?
Under Section 19(8) of the RTI Act, 2005, the Commission can:
1. Direct the public authority to provide the information in a specific form or manner.
2. Require the authority to appoint a PIO where none exists, or to publish information proactively.
3. Require the authority to compensate the complainant for any loss or detriment suffered — Section 19(8)(b).
4. Impose a penalty on the PIO, or recommend disciplinary action against them.
Section 20(1) penalty: if the Commission finds, while deciding the appeal or complaint, that the PIO without reasonable cause refused to receive the application, failed to furnish information within the prescribed time, malafidely denied the request, gave incorrect or incomplete information, or destroyed information that was the subject of the request, it shall impose a penalty of ₹250 for each day of delay until the information is furnished, subject to a maximum of ₹25,000 — recovered from the PIO personally, not from the department. Only the Commission can impose this penalty; the FAA has no power to do so.
Section 20(2): the Commission may separately recommend disciplinary action against the PIO under the service rules applicable to them, independent of any monetary penalty.
Because the penalty is personal to the officer, explicitly asking the Commission to examine Section 20 liability — and setting out the PIO's specific lapses and dates — meaningfully improves compliance, even where you have since received the information and are appealing mainly to establish accountability. Where you are dissatisfied with the Commission's own order, the further recourse is a writ petition under Article 226 before the jurisdictional High Court, not a further appeal.
1. Direct the public authority to provide the information in a specific form or manner.
2. Require the authority to appoint a PIO where none exists, or to publish information proactively.
3. Require the authority to compensate the complainant for any loss or detriment suffered — Section 19(8)(b).
4. Impose a penalty on the PIO, or recommend disciplinary action against them.
Section 20(1) penalty: if the Commission finds, while deciding the appeal or complaint, that the PIO without reasonable cause refused to receive the application, failed to furnish information within the prescribed time, malafidely denied the request, gave incorrect or incomplete information, or destroyed information that was the subject of the request, it shall impose a penalty of ₹250 for each day of delay until the information is furnished, subject to a maximum of ₹25,000 — recovered from the PIO personally, not from the department. Only the Commission can impose this penalty; the FAA has no power to do so.
Section 20(2): the Commission may separately recommend disciplinary action against the PIO under the service rules applicable to them, independent of any monetary penalty.
Because the penalty is personal to the officer, explicitly asking the Commission to examine Section 20 liability — and setting out the PIO's specific lapses and dates — meaningfully improves compliance, even where you have since received the information and are appealing mainly to establish accountability. Where you are dissatisfied with the Commission's own order, the further recourse is a writ petition under Article 226 before the jurisdictional High Court, not a further appeal.
Reference Citation: Sections 19 and 20, Right to Information Act, 2005; Right to Information Rules, 2012 (Central)
Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.