Answer By law4u team
The second appeal under the Right to Information (RTI) Act, 2005, can be filed when the applicant is unsatisfied with the response received from the First Appellate Authority (FAA) or has not received any response within the stipulated time. Here are some practical tips to file an effective second appeal with the Central Information Commission (CIC) or State Information Commission (SIC).
Tips for Filing RTI Second Appeal
- Know the Timeline: The second appeal must be filed within 90 days from the date of receiving the decision of the First Appellate Authority or from when the response should have been received. Ensure that your appeal is filed within this time limit.
- Attach Relevant Documents: Include copies of your original RTI application, the reply from the Public Information Officer (PIO), the first appeal, and the FAA’s decision (if available). This ensures the appeal is supported by all necessary documents.
- Be Clear and Concise: Draft the appeal in a clear and concise manner. Highlight the specific points of non-compliance, such as incomplete, misleading, or delayed information. Avoid lengthy or irrelevant content.
- Cite Relevant Sections: Mention the relevant provisions of the RTI Act that have been violated, such as non-response (Section 7), denial of information (Section 8), or procedural delays. This shows a well-informed appeal.
- Request for a Hearing: You can request a personal hearing during the appeal, but it is not mandatory. A hearing can give you the opportunity to present your case in person.
- Provide Justification for Delay (if applicable): If there is any delay in filing the second appeal, provide a valid reason and request the Commission to condone the delay under Section 19(3) of the RTI Act.
- Follow-Up: After filing the second appeal, regularly follow up with the Commission for updates on your case. Sometimes, appeals take time to be listed for a hearing, and following up ensures your case is progressing.
Summary
Filing an RTI second appeal involves adhering to timelines, submitting all relevant documents, and clearly explaining the reasons for dissatisfaction with the FAA's decision. Ensure you reference relevant RTI provisions and make a strong case for why the information should be provided.
