RTI Appeals to the Central Information Commission (CIC): FAQ by Legal Light Consulting

As an RTI Lawyer at Legal Light Consulting, I frequently address queries on navigating the Right to Information (RTI) Act, 2005, particularly second appeals to the Central Information Commission (CIC).

This FAQ is based on the Central Information Commission (Appeal Procedure) Rules, 2005, and is intended for educational purposes. It covers key aspects of filing and processing CIC appeals. Remember, this is general guidance; consult a professional for case-specific advice.

1. When can I file a second appeal to the CIC?

You can file a second appeal if you’ve exhausted remedies at the First Appellate Authority (FAA) level. Specifically:

• If you’ve filed a first appeal and the FAA (or another competent person) has issued a final order.
• If no final order is made by the FAA, and 45 days have passed since you filed the first appeal.

This ensures the appeal is not premature. Appeals must generally be filed within 90 days of the FAA’s decision or the 45-day lapse.

2. What is the required format for a CIC appeal?

The appeal must follow the prescribed format under Rule 8 (see Appendix). It includes these 11 sections:

1. Name and address of the appellant.
2. Name and address of the Central Public Information Officer (CPIO) to whom the original RTI application was addressed.
3. Name and address of the CPIO who replied to the application.
4. Name and address of the First Appellate Authority who decided the first appeal.
5. Particulars of the original RTI application.
6. Particulars of the order(s) (including number, if any) against which the appeal is preferred (e.g., PIO or FAA orders).
7. Brief facts leading to the appeal (a chronology of events).
8. Prayer or relief sought (what you want the CIC to order, e.g., disclosure of information).
9. Grounds for the prayer or relief (legal and factual arguments).
10. Any other relevant information (attach supporting documents like RTI copies and replies).
11. Verification/authentication by the appellant (a signed statement confirming the details are true).

Attach all relevant documents. No fee is required for second appeals.

3. How does the CIC decide an appeal?

Under Rule 11, the CIC follows an inquisitorial process and may:

• Receive oral or written evidence on oath or affidavit from concerned parties.
• Peruse or inspect documents, public records, or copies.
• Inquire through an authorized officer for additional details or facts.
• Hear the CPIO, Central Assistant Public Information Officer (CAPIO), FAA, or the person against whom the appeal is filed.
• Hear third parties (if the information affects them, e.g., privacy issues).
• Receive affidavits from the CPIO, CAPIO, FAA, or others involved.

This allows the CIC to gather comprehensive evidence before ruling.

4. Do I need to attend the CIC hearing in person?

Not necessarily. Under Rule 12:

• You’ll be informed of the hearing date at least 7 clear days in advance.
• You can attend in person, through an authorized representative, or via video conferencing (if available).
• If circumstances prevent attendance, the CIC may grant another opportunity or proceed with appropriate action (e.g., decide ex-parte).

At Legal Light Consulting, we recommend preparing well and considering representation to strengthen your case.

5. Can the public authority present their side?

Yes, under Rule 13, the public authority can authorize any representative or officer to present its case during the hearing.

6. How are notices served by the CIC?

Rule 14 specifies notices are issued by name and served via:

• Service by the party itself.
• Hand delivery (dasti) through a Process Server.
• Registered post with acknowledgment due.
• Electronic mail (if an email address is available).

This ensures all parties are properly notified.

7. What form does the CIC’s order take?

Under Rule 15, the order is in writing, issued under the CIC’s seal, and authenticated by the Registrar or an authorized officer. It can direct information disclosure, impose penalties on the PIO (up to ₹25,000 for malafide denials), or recommend disciplinary action. CIC orders are binding and enforceable.

8. What if the information involves a third party?

The CIC must hear the third party (Rule 11(v)) if the appeal concerns their interests, such as personal information or trade secrets. This protects privacy while balancing transparency.

9. Is there a timeline for CIC decisions?

The rules don’t specify a fixed timeline for decisions, but hearings are scheduled efficiently. In practice, it can take months due to backlog. Track your appeal status on the CIC website (cic.gov.in).

10. What tips do you have for a successful CIC appeal?

• Be precise and evidence-based; vague appeals may be dismissed.
• Cite relevant RTI Act sections (e.g., Section 19 for appeals, Section 8 for exemptions).
• Highlight any PIO delays or unreasonable denials, as the CIC can penalize them.
• If needed, seek legal assistance— at Legal Light Consulting, our RTI experts can draft appeals and represent you.

For more details or assistance, contact Legal Light Consulting. Stay informed about your rights under the RTI Act!

Note: This FAQ draws from the Central Information Commission (Appeal Procedure) Rules, 2005. Check official sources for any amendments.