The format for 2nd Appeal to CIC provided in this forum has following declaration to be given by the appellant :
Declaration I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with the Commission nor is pending with any Court or Tribunal or Authority.
What is the implication of this declaration as the 2nd Appeal arises because :
(1)the CPIO/FAA has not supplied the requested info or the appellant is not satisfied with the informatiuon provided. (2) A situation may be where in some case pending before Hon'ble court or a Tribunal some of the information which has been requested by an appellant may have some relevance or might need examination/cross-examination. (3) What is the meaning of the phrase in the declaration " I also declare that THIS MATTER is not previously filed with the Commission nor is ........ or authority."
This is just to avoid duplication of orders from two different authorities.
1. By all means go for Second Appeal to CIC and give that certificate
2. You can still give that certificate, because the matter pending in court is not regarding the RTI application, the PIO's reply or the FAA order - even though the subject matter might be same.
For example: You have a suit pending against the Government regarding some taxation matter. You file a RTI application to get some copies of correspondence, etc. The subject matter is same but the issue is different.
Suppose I file Second Appeal u/s 19 of RTI Act along with decalaration.
After some time I want to file a COMPLAINT u/s 18 of RTI Act, in this case what should I do ? Should I file a declation with the COMPLAINT saying I have already filed a Sencond Appeal ? OR there is no need for declaration for filing a COMPLAINT.