Deemed CPIO — Section 5(5) Explained

• Section 5(4) — CPIO may seek assistance of any other officer considered necessary for the proper discharge of duties.
• Section 5(5) — “Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer … and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer.”
• Section 20 — penalty up to Rs 25,000 on the erring officer; payable personally, not from department funds.

A typical RTI journey through an office:

1. Applicant files RTI with the designated CPIO at a Ministry (Level 1).
2. Designated CPIO transfers the file to the dealing officer at the directorate (Level 2).
3. Dealing officer seeks inputs from the technical section (Level 3).
4. The technical section sits on the file for 20 days.

Under Section 5(5), the technical section's officer becomes a deemed CPIO for this request. If the 30-day deadline is missed, the Commission can impose the penalty on that officer, not on the Level 1 CPIO. Accountability flows to where the delay happened.

A very common non-reply. Reply or appeal paragraph:

Under Section 5(4), the CPIO is responsible for obtaining
the file from any officer who holds it. Under Section 5(5),
any officer whose assistance the CPIO has sought is deemed
to be a CPIO and is personally liable for delays under
Section 20. The CPIO is directed to obtain the file within
seven working days and reply in full. Alternatively, the
deemed-CPIO may be summoned to explain the delay to the
First Appellate Authority.

Include this in follow-up requests to identify who is sitting on the file:

1. A copy of the file movement register entry for my RTI
   application no. [X] dated [date], showing every officer
   who received the file, the date of receipt, and the date
   of onward transmission.

2. The name and designation of every deemed Central Public
   Information Officer under Section 5(5) in respect of this
   request, along with the dates each officer held the file.

• CIC Decision No. F.No.CIC/OK/A/2006/00163 — deemed CPIO under Section 5(5) liable for personal penalty when information delayed.
• Anjali Bhardwaj v. Union of India, (2020) 11 SCC 345 — PIOs must apply mind and record reasons; supervisory duty extends down the chain.
• DoPT Circular F.No.1/8/2007-IR — clarifies Section 5(5) liability.

1. Identify the designated CPIO for the public authority.
2. On delay or unreasonable reply, file the first appeal naming both the CPIO and any deemed CPIO (use the file-movement register).
3. In the second appeal, include a specific Section 20 prayer against the deemed CPIO.
4. Commission will summon the officer for a personal hearing; penalty follows if the delay is not satisfactorily explained.

Include a parallel request under Section 6(3) transfer when filing. Under Section 6(3), the CPIO has five working days to transfer to the correct public authority. Failure to transfer in time compounds with the Section 5(5) liability.

No. The designated CPIO is the one who issues the order. The deemed CPIO can recommend but not refuse. A refusal by a deemed CPIO without the designated CPIO's order is itself an appealable ground.

The officer pays personally. Section 20 is worded as a personal liability. The department cannot reimburse.

Ask for the file movement register in your RTI (wording above). Every government office maintains it. It shows date in, date out, officer name for every movement of every file.

When you receive a delay or vague refusal, ask for the file-movement register by a fresh RTI. Then name the deemed CPIO in your first appeal using the template above. See First Appeal.

• The RTI Act, 2005
• Transfer of application — Section 6(3)
• Vicarious liability and Section 20
• First Appeal template
• Second Appeal template

1. Right to Information Act, 2005, Sections 5(4), 5(5), 20.
2. DoPT Circular F.No.1/8/2007-IR dated 15 May 2008.
3. Anjali Bhardwaj v. Union of India, (2020) 11 SCC 345.

Last reviewed on: 20 April 2026