Understanding CIC Appeals: A Guide for Legal Light Consulting

As a key component of the RTI framework, the Central Information Commission (CIC) appeal serves as the second and final level of appeal available to citizens seeking information under the Right to Information Act, 2005.

For legal practitioners at Legal Light Consulting, mastering the timing and requirements of these appeals is essential for ensuring government accountability.

What is a CIC Appeal?

A CIC appeal is a formal request to the Central Information Commission to review a case after the internal departmental appeal process has failed to provide a satisfactory resolution. The Commission acts as the highest appellate authority at the central level, possessing the power to inspect records and hear evidence to protect a citizen’s right to information.

When Can I File a CIC Appeal?

Under the Right to Information Rules, an individual is deemed to have exhausted all available internal remedies and can approach the CIC in the following two circumstances:

• Final Order Issued: If you filed a First Appeal and the First Appellate Authority (FAA) has already passed a final order that you find unsatisfactory.

• Expiry of Time Limit: If no final order has been made by the FAA and a period of forty-five days has elapsed since the date you preferred your First Appeal.

• The Commission’s Decision-Making Process
• Once an appeal is filed, the CIC follows a structured procedure to decide the matter:

  Evidence Collection: The Commission may receive evidence via affidavits or oral/written testimony from the appellant, CPIO, or third parties.

  Inquiry and Inspection: Authorized officers may inquire into specific facts, and the Commission may peruse or inspect public records.

  Hearings: The Commission will hear from all relevant parties, including the CPIO and the First Appellate Authority.

  Presence of Appellant: Appellants must be notified of the hearing date at least seven clear days in advance. They may appear in person, through an authorized representative, or via video conferencing if available

• Formal Requirements for Filing
• To ensure an appeal is processed, it must follow the format prescribed in Rule 8, which includes details such as:
• Names and addresses of the CPIO and First Appellate Authority involved.
• Brief facts leading to the appeal and the specific grounds for seeking relief.
• A clear statement of the prayer or relief sought from the Commission.
• A formal verification or authentication by the appellant.
• By strictly adhering to these timelines and procedural formats, RTI Lawyers can effectively navigate the Commission’s requirements to secure the information their clients are entitled to by law