How to file a second appeal under the Right to Information Act, 2005?

data-matched-content-ui-type="image_card_sidebyside" data-matched-content-rows-num="1" data-matched-content-columns-num="4"

Section 19 (3) of the Act deals with the filing of Second Appeal under Act.  As per sub clause (3) of Section 19, any person aggrieved by the order of the First Appellate Authority, may prefer an appeal within 90 days from the date of the such order, with the Central Information Commission or the State Information Commission, however, provision has been given that Commission may allow the appeal after the stipulated period of 90 days if it is satisfied that Appellant was prevented by sufficient cause from filing the appeal in time.  If the order is related to disclosure of third party information, the third party is given the reasonable opportunity of being heard in the said Appeal.

Rule 8 of the Right to Information Rules, 2012 provides the format for filing an Appeal under Act.  The party preferring appeal should file the appeal along with the following documents that are duly authenticated and verified by the Appellant,

Read Also: Which are the appellate authorities under the Right to Information Act?

  1. a copy of the application submitted to the Central Public Information Officer;
  2. a copy of the reply received, if any, from the Central Public Information Officer;
  3. a copy of the appeal made to the First Appellate Authority;
  4. a copy of the Order received, if any, from the First Appellate Authority;
  5. copies of other documents relied upon by the appellant and referred to in his appeal
  6. Brief facts leading to the appeal
  7. Prayer or relief sought
  8. Grounds for the prayer or relief
  9. Any other information relevant to the appeal
  10. Verification/authentication by the appellant
  11. an index of the documents referred to in the appeal.

Read Also: Which body has the jurisdiction to entertain first appeal under the Right to Information Act, 2005?

data-matched-content-ui-type="image_card_sidebyside" data-matched-content-rows-num="1" data-matched-content-columns-num="4"

Along with the above documents, the appellant should send the following information to the Appellate Authority.

  1. Name and address or the appellant
  2. Name and address of the Central Public Information Officer to whom the application was addressed
  3. Name and address of the Central Public Information Officer who gave reply to the Application
  4. Name and address of the First Appellate Authority Who decided the First Appeal
  5. Particulars of the application
  6. Particulars of the order(s) including number, if any, against which the appeal is preferred
  7. Particulars of the application
  8. Particulars of the order(s) including number, if any, against which the appeal is preferred

Rule 9 of the Rules states that Appeal papers may be returned for compliance procedure stated under Rule 8 of RTI Rules if the appeal is filed without any supporting documents.

Related FAQs:


 

data-matched-content-ui-type="image_card_sidebyside" data-matched-content-rows-num="4" data-matched-content-columns-num="4"

Adv. Anitha Gutti

Leave a Reply