Second appeal and complaint: different routes

A second appeal under Section 19(3) lies to the Central or State Information Commission, ordinarily within 90 days of when the first-appeal decision should have been made or was actually received. Late admission is possible for sufficient cause.

Identify the Commission with jurisdiction over the authority. Check its current filing rules and required enclosures. Keep the original request, receipt, PIO reply, first appeal, proof of submission, FAA order and a clear chronology. Banaka does not file Commission proceedings.

Section 18 provides a complaint/inquiry route for listed circumstances, including inability to submit a request because no PIO is appointed or an APIO refuses it, refusal of access, non-response, unreasonable fees, or incomplete, misleading or false information.

The provisions have different procedures and powers. Do not assume a complaint automatically substitutes for the Section 19 appeal route when your aim is obtaining disclosure. Consider the relief needed and the Commission’s current guidance; seek qualified advice if the choice is material.

Section 20 gives the Commission penalty powers subject to statutory conditions and an opportunity for the PIO to be heard. A delayed reply does not itself create a penalty payable to the applicant, and a first-appeal draft should not promise one.

Use a factual chronology and accurate enclosures rather than accusations without evidence. Keep originals and submit only relevant copies through the Commission’s accepted channel.