CIC Appeal Under RTI Act, 2005 — A Legal Consulting Guide for RTI Lawyers

For RTI Lawyers working as part of Legal Light Consulting, guiding applicants through the appellate framework of the RTI Act, 2005 is a critical responsibility. One of the most powerful remedies available at the central level is the CIC Second Appeal, filed before the Central Information Commission (CIC) under Section 19(3) of the Act.

Understanding what a CIC appeal is, when it can be filed, and how to position it strategically is key to effective legal advisory.

What is a CIC Appeal?

A CIC appeal is the second and final stage of appeal available to an RTI applicant when seeking information from a Central Public Authority. It is filed after the applicant has already approached the First Appellate Authority (FAA) through the mandatory First Appeal process. Unlike the first appeal, which is decided internally by the public authority, the CIC appeal is heard by an independent constitutional body with quasi-judicial powers.

The CIC functions as the highest appellate forum in central RTI matters, ensuring that the applicant’s fundamental right to access public information is upheld, and that transparency is enforced when administrative mechanisms fail.

When Can a CIC Appeal Be Filed?

An applicant can file a Second Appeal before the CIC only after exhausting the first appeal stage. A person is considered eligible to approach the CIC in either of the following situations:

• The First Appellate Authority has passed a final order, but the applicant is not satisfied with the decision, or believes the denial or partial disclosure was unlawful, unreasonable, or against the spirit of the RTI Act.

• 45 days have passed from the date of filing the First Appeal, and the First Appellate Authority has failed to issue any final order within that period.

These two conditions are legally significant. The first allows an applicant to challenge an adverse decision; the second protects applicants from administrative silence and delay, which are among the most common causes of denial of information in practice.

Role of CIC in Protecting RTI Rights

The CIC acts as the ultimate watchdog in the RTI appellate process at the central level. Its role includes:

• Ensuring that CPIO and FAA orders comply with the RTI Act

• Preventing the misuse of exemptions under Section 8

• Protecting applicants from delay, non-response, or mechanical denial

• Providing a neutral platform for hearing both the appellant and the public authority

• Issuing binding orders that must be implemented by the department

• Enabling penalty proceedings under Section 20 when there is deliberate obstruction, denial, or delay

For lawyers in the Legal Light Consulting space, this makes the CIC forum a vital tool to secure information that may later be used for litigation, public advocacy, or governance reform.

Legal Consulting Value Offered by RTI Lawyers

RTI Lawyers deliver strong procedural and strategic support during the CIC appeal process, including:

At the RTI Application Stage

• Drafting precise, legally framed queries

• Seeking certified copies, file notings, and record inspection

• Advising on the correct public authority and submission channels

• Ensuring timely tracking of replies within 30 days

At the First Appeal Stage

• Filing appeals within 30 days if information is denied or not received

• Documenting proof of submission and acknowledgment

• Raising violations of Section 7 or improper denial grounds

At the CIC Second Appeal Stage

• Drafting strong grounds for appeal in cases of:

  • Unlawful denial

  • Incomplete or misleading reply

  • No speaking order

  • No order by FAA within 45 days

• Formulating clear prayer/relief, such as:

  • Direction to disclose information

  • Inspection of records

  • Penalty for non-compliance under Section 20

• Representing applicants in hearings (including via video conferencing if available)

• Filing compliance submissions if orders are not implemented

Best Practices for Lawyers Handling CIC Appeals

✔ Ensure the applicant has either received a final FAA order or crossed the 45-day lapse period
✔ Maintain a chronological statement of facts in appeal drafts
✔ Clearly specify grounds and prayer
✔ Attach supporting documents:

• RTI application copy

• First appeal copy

• FAA order or 45-day lapse proof

• Submission acknowledgments

• Authorization letter (if lawyer represents the applicant)

✔ Ensure verification is signed by the appellant even when a lawyer represents

Conclusion

A CIC Second Appeal is the strongest central remedy under the RTI Act, 2005, serving as the final escalation point when the first appeal fails or remains unheard. For RTI Lawyers under Legal Light Consulting, it is more than a procedural filing—it is a strategic legal instrument that:

• Protects the applicant from administrative denial or silence

• Invokes independent adjudicatory powers

• Ensures enforceable transparency

• Enables penalties for non-compliance

• Strengthens evidence collection for future legal action

By offering informed, accurate, and procedural guidance, RTI Lawyers ensure that the RTI Act continues to function as a practical and enforceable right for citizens, not just a statutory promise.

FAQ for RTI Lawyers – CIC Appeals under the RTI Act, 2005

What is a CIC appeal?

A CIC (Central Information Commission) appeal is the second and final level of appeal under the Right to Information Act, 2005. It is filed before the Central Information Commission, which serves as the highest appellate authority for RTI matters at the central level.

When can I file a CIC appeal?

You can file a CIC appeal only after exhausting your first appeal with the First Appellate Authority (FAA). A CIC appeal may be filed in two situations:

• The FAA has passed a final order on your first appeal, and you are dissatisfied with the decision.
• Forty-five days have elapsed since filing your first appeal, and no final order has been issued by the FAA.

What is the time limit for filing a CIC appeal?

A CIC appeal must be filed within 90 days from:

• The date of the FAA’s final order, or
• The expiry of the 45-day period if no order has been passed.

What details must be included in a CIC appeal?

The appeal should contain:

1. Name and address of the appellant.
2. Name and address of the CPIO to whom the RTI application was addressed.
3. Name and address of the CPIO who replied.
4. Name and address of the FAA who decided the first appeal.
5. Particulars of the RTI application.
6. Particulars of the order(s) against which appeal is preferred.
7. Brief facts leading to the appeal.
8. Prayer or relief sought.
9. Grounds for relief.
10. Any other relevant information.
11. Verification/authentication by the appellant.

How does the CIC decide appeals?

The CIC may:

• Receive oral or written evidence on oath/affidavit.
• Inspect documents or public records.
• Inquire through authorized officers.
• Hear the CPIO, FAA, or other concerned officers.
• Hear third parties if their rights are affected.
• Receive affidavits from parties involved.

How will I be informed about the hearing?

• The appellant is informed of the hearing date at least 7 clear days in advance.
• The appellant may attend in person, through an authorized representative, or via video conferencing (if available).
• If unable to attend, CIC may grant another opportunity or take appropriate action before making a final decision.

How are CIC orders issued?

• CIC orders are in writing, issued under the seal of the Commission, and authenticated by the Registrar or an authorized officer.

Key Point for RTI Lawyers

The CIC appeal is the final remedy under the RTI Act at the central level. It ensures that citizens’ right to information is protected when lower authorities fail to provide satisfactory responses.

Lawyers must ensure appeals are filed within time limits and in the prescribed format to avoid rejection.