RTI Section 19: Appeals (First and Second Appeal)

Appeals (First and Second Appeal)

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer.

A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.

The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Information Sec 2(f) Public Authority Sec 2(h) Right to Information Sec 2(j) CPIO / SPIO Sec 2(c)

Legal Commentary & Landmark Judgments: Section 19

Section 19 of the Right to Information Act provides a comprehensive two-tier statutory appellate mechanism, allowing an aggrieved applicant to file a First Appeal before a senior departmental officer and a Second Appeal before the Central or State Information Commission.

Appellate Remedies & Forum: Section 19 governs the appellate hierarchy under the RTI Act.
Sub-Section (1): First: Under sub-section (1), any person who does not receive a decision within the prescribed time or is aggrieved by a decision of the PIO may prefer a First Appeal within thirty days to an officer senior in rank to the PIO (First Appellate Authority).
Sub-Section (3): Second: Under sub-section (3), a Second Appeal lies against the decision of the First Appellate Authority within ninety days before the Central Information Commission or State Information Commission.
Sub-Section (5) Provision: Under sub-section (5), in any appeal proceedings, the burden of proving that a denial of a request was justified lies entirely on the PIO who rejected the request.

Sub-section (8) equips the Commission with wide remedial powers to direct disclosure, compensate the complainant, or recommend disciplinary action.

Key Landmark Precedents:

Chief Information Commissioner v. State of Manipur (2011) 15 SCC 1: The Supreme Court clarified the distinct statutory jurisdictions under the Act: Section 18 empowers the Commission to conduct an inquiry into complaints, whereas substantive orders directing the supply of information must be passed in exercise of appellate jurisdiction under Section 19.
Union of India v. Namit Sharma (2013) 10 SCC 359: The Supreme Court reviewed the quasi-judicial functions of Information Commissions under Section 19, affirming that Commissions exercise judicial powers requiring fairness, reasons, and compliance with principles of natural justice.

Legal Commentary:

The Second Appeal before the Information Commission under Section 19(3) is an independent, quasi-judicial proceeding. Decisions of the Commission are binding on public authorities, executable as statutory orders, and reviewable only through writ petitions before High Courts under Article 226.