If the applicant does not get the information sought either because of no response from Public Information Officer or when the decision is not to the satisfaction of the applicant, appeal can be filed. There are two stages of appeal. First, before the departmental senior Officer of the concerned Public Information Officer within the same office and second, before the Information Commission.

FIRST APPEAL

TIME LIMIT FOR FILING APPEAL

Appeal has to be filed within thirty days from the date on which decision of the Public Information Officer should have been received, in case no decision is received. 

Appeal has to be filed within thirty days from the date of receipt of decision of the Public Information Officer by the applicant, if decision is not to the satisfaction of the applicant.

When the Public Information Officer requires the applicant to pay further fee for expenses of collecting and processing the information sought and the applicant considers this quantum of further fee to be excessive or unreasonable, appeal can be preferred within thirty days from the date of receipt of decision of the Public Information Officer by the applicant.

 RELAXATION OF TIME LIMIT FOR FILING FIRST APPEAL

If the applicant has not filed appeal within the time limits prescribed for filing appeals, and can satisfy the appellate authority that he could not file the first appeal in time, due to sufficient reasons, the appellate authority may admit his appeal which is filed even after expiry of the time limit for filing appeal.

FEE FOR FILING APPEAL

There is no prescribed fee for filing appeal under the Act.

PROCEDURE FOR FILING APPEAL

There is no prescribed procedure for filing first appeal.

APPEAL BEFORE COMMISSION (Second Appeal)

The second appellate authority prescribed in the Act is the Central/State Information Commission. Appeal to Commission can be made in the following circumstances:

1. No decision has been received from the First Appellate Authority, or

2. The applicant is not satisfied with the decision received from the First Appellate Authority.

FEES

There is no fee for filing appeal before the Central/State Commission.

TIME LIMIT

The second appeal has to be filed within ninety days from:

1. the date on which applicant actually receives the order of the First Appellate Authority. or

2. the date on which decision should have been made by the first appellate authority in case where no decision of the first appellate authority is received within the prescribed time.

Notice that the normal time within which first appellate authority has to pass an order is thirty days from the date on which appeal is received by the appellate authority. So, if the order is not received within this time, second appeal can be filed.

EXTENSION OF TIME LIMIT

The Commission has the power to admit appeal even after expiry of prescribed time limit as explained above. If the applicant has not filed appeal within the time limits prescribed for filing appeals, and can satisfy the Commission that he could not file the appeal in time, due to sufficient reasons, the Commission may admit his appeal which is filed even after expiry of the time limit for filing appeal.

PROCEDURE FOR FILING APPEAL

The Central and the State Governments can frame their own rules in this regard. Specific proforma have been prescribed. The applicant wishin to file appeal will have to use the proforma prescribed for the relevant Information Commission

BINDING NATURE

The decision of the Commission is binding on all concerned. However the Fundamental Right of 'writ' shall continue to remain.