Under the Right to Information (RTI) Act, 2005 (as well as various State Right to Service Acts in India), the Second Appellate Authority is the final administrative appellate body responsible for hearing appeals against decision of the First Appellate Authority (FAA).
Key Roles & Functions
- Final Administrative Appeal: If a citizen is dissatisfied with the decision of the First Appellate Authority (FAA) or if the FAA fails to pass an order within the stipulated time, a Second Appeal can be filed.
- Designated Body:
- Under the RTI Act, 2005, the Second Appellate Authority is the Central Information Commission (CIC) for central public authorities, or the respective State Information Commission (SIC) for state public authorities.
- Binding Decisions: Decisions passed by the Second Appellate Authority are legally binding on both the public authority and the appellant, subject only to judicial review by High Courts or the Supreme Court via writ petitions.
- Power to Impose Penalties: The Information Commission has statutory powers to impose penalties on Public Information Officers (PIOs) for delays, deliberate denial of information, or providing misleading responses.
Overview of RTI Appeals Hierarchy
| Level | Authority | Timeline to File | Decision Timeframe |
|---|---|---|---|
| Initial Request | Central/State Public Information Officer (CPIO / SPIO) | N/A | 30 days |
| First Appeal | First Appellate Authority (Senior officer in same department) | Within 30 days of PIO response or deadline | 30 to 45 days |
| Second Appeal | Second Appellate Authority (CIC or SIC) | Within 90 days of FAA order or deadline | Varies by com |
