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PIO silence as deemed refusal — Bombay HC

PIO silence as deemed refusal — Bombay HC — RTI Wiki

Quick Reply: A PIO's failure to respond within 30 days is a deemed refusal under §7[2]; First Appeal lies directly. §7(2) deemed refusal is a legal fiction that activates.

High Court of Bombay · 2014-01-01 · Citation awaited

§7(2) deemed refusal is a legal fiction that activates §19(1) appeal rights without a written order.

Case details

Court High Court of Bombay
Decided 2014-01-01
Citation Citation awaited
Petitioner RTI applicant
Respondent various PIOs
RTI Act sections §7(2)
Outcome Applicant allowed

Outcome

A PIO's failure to respond within 30 days is a deemed refusal under §7(2); First Appeal lies directly.

Ratio decidendi

Where a PIO fails to provide a response within the §7(1) 30-day window, §7(2) creates a deemed refusal. The applicant is entitled to file a First Appeal under §19(1) without waiting for a formal rejection order, and the FAA must proceed on the merits.

Keywords

§7(2), deemed refusal, Bombay HC, §19(1)

Similar cases in the corpus

Editorial summary, not a certified report. The ratio here is an editorial compression. Before citing this ruling in a PIO order, FAA speaking order, or any appellate filing, verify against the full reported decision. RTI Wiki is not a legal service.

Editorial summary · last reviewed 21 April 2026.