RTI Application and CIC Second Appeal Based on CIC Rules

RTI Application & CIC Second Appeal (Based on CIC Rules — Appendix & Hearing Procedure)

1. When can a person file a Second Appeal before the CIC?

A person can file a Second Appeal when:

  • A final order has been passed by the First Appellate Authority (FAA), or

  • 45 days have elapsed after filing the First Appeal and no final order has been issued.

2. What powers does the CIC have while deciding an appeal?

The CIC may:

  • Receive oral or written evidence on oath or affidavit

  • Inspect or peruse public records

  • Conduct inquiry through authorized officers

  • Hear the CPIO, CAPIO, FAA, third party, or any person against whom the appeal is filed

  • Accept affidavit evidence from the public authority or third party

3. How much advance notice must the CIC give before a hearing?

The CIC must inform the appellant at least 7 clear days before the date of hearing.

4. Is it mandatory for the appellant to be physically present at the CIC hearing?

No. The appellant may appear:

  • In person

  • Through a duly authorised representative (including an RTI Lawyer)

  • Through video conferencing, if that facility is available.

5. What happens if the appellant is unable to attend the CIC hearing?

If the CIC is satisfied that the appellant cannot attend due to valid circumstances, it may:

  • Provide another opportunity of hearing, or

  • Take any other appropriate action before issuing a final order.

6. Who can present the case on behalf of the Public Authority at the CIC?

The public authority may authorise any representative officer to present its case before the Commission.

7. In what modes can the CIC serve notice for appeal hearings?

The CIC may serve notice through:

  • Self-service by the party

  • Hand delivery (Dasti) via Process Server

  • Registered Post with Acknowledgment Due

  • Electronic mail (email), if an electronic address is available

8. How is the CIC’s final order issued?

The CIC issues its order:

  • In writing

  • Under the seal of the Commission

  • Authenticated by the Registrar or any authorised officer.

9. What information must be included in a CIC Second Appeal as per prescribed format?

A valid Second Appeal must contain:

  1. Name & address of appellant

  2. Name & address of CPIO who received RTI

  3. Name & address of CPIO who replied

  4. Name & address of FAA who decided First Appeal

  5. Particulars of RTI application

  6. Particulars of order(s) appealed against

  7. Brief facts leading to appeal

  8. Prayer / relief sought

  9. Grounds for relief

  10. Other relevant information

  11. Verification / authentication by appellant

10. Can an RTI Lawyer sign or verify the appeal on behalf of the appellant?

The appeal requires verification/authentication by the appellant.
However, an RTI Lawyer can appear and argue as a duly authorised representative, if proper authorisation is attached

11. Does the PDF specify that the applicant must give reasons for filing RTI or CIC appeal?

No, the PDF content relates only to appeal format and hearing procedure and does not state any requirement to justify the reason for seeking information.

12. What are strong procedural grounds an RTI Lawyer can raise in a CIC appeal based on these rules?

A lawyer can argue violations such as:

  • FAA not passing order within 45 days

  • CPIO/FAA not issuing a speaking or reasoned order

  • Refusal without proper reliance on legal provisions

  • Denial without offering record inspection

  • Not allowing authorised representation or VC despite facility

(These are lawyer interpretations derived from procedural rules, not direct PDF quotes.)

Quick CIC Filing Checklist for Lawyers

✔ RTI copy attached
✔ First Appeal copy attached
✔ FAA order OR 45-day lapse proof attached
✔ Clear prayer and grounds drafted
✔ Authorisation letter if lawyer appears
✔ Correct respondent details filled as per format
✔ Verification signed by appellant