A Lawyer’s Practical Handbook on Filing RTI Applications and CIC Second Appeals in India
The Right to Information Act, 2005 has revolutionized access to public records, empowering citizens to question governance, demand accountability, and obtain documentary evidence held by public authorities.
For RTI Lawyers working in the Legal Light Consulting space, mastery over drafting RTI Applications and filing Second Appeals before the Central Information Commission (CIC) is essential—not only for successful information retrieval, but also for building a legally sustainable case for future judicial or administrative proceedings.
This article provides a comprehensive procedural guide, rooted in CIC rules, focusing on application structure, appeal eligibility, hearing rights, and notice procedures.
Understanding the RTI → Appeal → CIC Remedy Chain
When an RTI application filed before a Central Public Authority does not yield a satisfactory response within 30 days, or the information is denied, incomplete, or delayed, the applicant has the statutory right to file a First Appeal before the First Appellate Authority (FAA).
The Second Appeal lies before the CIC under Section 19(3) of the RTI Act. The applicant is considered eligible to approach CIC when:
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A final order has been passed by the FAA, or
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45 days have elapsed after filing the First Appeal without receiving a final order.
This provision ensures that administrative inaction does not defeat the right to information.
CIC’s Adjudicatory Powers — A Broad Mandate
The CIC is not merely an appellate forum—it functions as a quasi-judicial authority with wide powers, including:
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Receiving oral or written evidence on oath or affidavit
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Perusal or inspection of public records
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Conducting inquiry through authorized officers
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Hearing submissions from CPIO, CAPIO, FAA, and third parties
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Accepting affidavit-based evidence from public authorities or third parties
These powers allow lawyers to argue appeals with documentary backing and procedural precision.
Right to Hearing and Representation — Key Safeguards
CIC rules provide strong procedural safeguards to appellants:
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The appellant must be informed at least 7 clear days before the hearing date.
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The appellant may appear:
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Personally, or
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Through a duly authorised representative, including an RTI Lawyer, or
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Via video conferencing, if such facility exists.
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If the appellant is genuinely unable to attend, CIC may:
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Offer another hearing opportunity, or
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Take appropriate action before final order.
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This ensures natural justice is upheld, even when applicants face geographical or personal constraints.
Similarly, the public authority can also authorize any officer to present its case.
Service of CIC Notices — Modes Lawyers Must Know
The CIC may serve hearing notices using multiple legally valid modes:
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Self-service
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Hand delivery (Dasti) through Process Server
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Registered Post with Acknowledgment Due
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Electronic mail (email) if address is available
For lawyers handling NRI or remote clients, email and VC options become particularly strategic.
Final Orders — Form, Seal, and Authentication
Every CIC order is issued:
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In writing
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Under the official seal of the Commission
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Authenticated by the Registrar or authorized officer
Lawyers can rely on such orders for compliance enforcement or penalty proceedings under Section 20 of RTI Act.
Mandatory Structure of a CIC Second Appeal
Under the prescribed format (Appendix – Rule 8), a Second Appeal must include:
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Name & address of appellant
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Name & address of CPIO who received RTI
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Name & address of CPIO who replied
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Name & address of FAA who decided First Appeal
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RTI application particulars
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Order details being challenged
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Brief facts leading to appeal
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Prayer / relief sought
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Grounds for relief
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Any other relevant information
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Verification/authentication signed by appellant
Format CIC
Important for Lawyers:
While the verification must be signed by the appellant, the lawyer can appear and argue the matter as an authorised representative with proper authorization attached.
Consulting Value Delivered by RTI Lawyers
RTI Lawyers under Legal Light Consulting provide layered legal value:
During RTI Drafting
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Transforming citizen concerns into precise legal queries
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Asking for certified copies, file notings, and admissible records
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Advising on fee payment modes (₹10 for residents; e-IPO for NRIs, where relevant)
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Structuring applications to survive scrutiny under Section 8 exemptions
During CIC Second Appeal
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Framing procedural violations as grounds:
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No FAA order within 45 days
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No speaking/reasoned order
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Mechanical or unlawful denial
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Refusal without record inspection
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Denial of VC or representation despite facility
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Drafting strong prayers like:
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“Direct CPIO to provide information free of cost and impose penalty under Section 20 for non-compliance.”
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Representing clients in hearings personally or via VC
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Ensuring compliance through follow-up submissions
Best Practices Lawyers Should Follow
✔ Seek certified records when information may be used as evidence
✔ Maintain chronological, concise, and factual appeal narratives
✔ Attach all supporting documents:
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RTI copy
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First Appeal copy
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FAA order or 45-day lapse proof
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Lawyer authorization letter (if representing)
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Acknowledgment proofs
✔ Ensure appellant signs verification
✔ Draft clear grounds and prayer
✔ Track hearing notices via post, dasti, or email
Conclusion
Filing an RTI application or a CIC Second Appeal is not mere formality—it is a legal strategy exercise. For an RTI Lawyer, procedural command over:
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Appeal eligibility
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Evidence rules
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Hearing rights
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Notice service modes
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Appeal structure
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Authentication requirements
…ensures success at the CIC and creates a strong foundation for enforcement or even judicial review if required.
Legal Light Consulting professionals thus play a vital role in turning the RTI Act into a practical instrument of enforceable transparency and accountability in India.