FAA Checklist for Deemed Refusal RTI Appeals

A deemed refusal is the easiest appeal an FAA hears: the facts are arithmetic, not interpretive. Yet many FAAs let it linger because the PIO is a colleague. This checklist shows how to draft a clean order in fifteen minutes, how to set the right deadline, and how to refer the matter for Section 20 penalty examination by the Commission.

• The PIO has not replied within 30 days of the RTI application.
• The PIO has replied with “noted, will respond shortly” — non-replies that do not address the records are not replies.
• The PIO has demanded an additional fee but failed to act after the fee was paid (the 30-day clock resumes).
• The application sought information “concerning the life or liberty of a person” and 48 hours have passed.

• Section 7(1) — PIO must dispose within 30 days; 48 hours for life-and-liberty cases.
• Section 7(2) — failure constitutes deemed refusal.
• Section 7(5) — fee for additional copies; clock pauses for fee payment.
• Section 19(1) — first appeal within 30 days of refusal or deemed refusal.
• Section 19(6) — FAA disposal in 30 days, extendable to 45.
• Section 20 — Commission's penalty power (Rs 250 per day, max Rs 25,000); not the FAA's.

1. Point 1: Date arithmetic. Compute Day Zero (date of receipt by the public authority — postmark or portal timestamp) and Day 30. Note any fee-payment pause and re-compute.
2. Point 2: PIO's stated reason. Was there any reason at all? “File search ongoing” is not a reason that overrides Section 7. The FAA should note the PIO's explanation but not be bound by it.
3. Point 3: Direction to supply. The order should fix a hard deadline — typically ten to fifteen working days — and direct supply free of further fee.
4. Point 4: Personal-file note. A copy of the order should go to the PIO's confidential file as an adverse remark.
5. Point 5: Section 20 referral. The FAA should record that “the matter is left open for the Commission to consider Section 20 penalty in any second appeal”.

1. Step 1. Verify the date of receipt of the RTI from the office register.
2. Step 2. Pull the PIO's despatch register to confirm no reply was issued.
3. Step 3. Hold a hearing — call the PIO and the appellant.
4. Step 4. If the records are not exempt under Section 8, direct supply.
5. Step 5. Pass the speaking order using the template at FAA speaking order format — Template 4.
6. Step 6. Despatch the order to both parties; copy to the head of office.
7. Step 7. Set a 15-day reminder to verify compliance.

ORDER UNDER SECTION 19(6) OF THE RTI ACT, 2005

Appeal No.: FAA/[YYYY]/[NNN]
Date of order: [date]

1. The appellant filed an RTI under Section 6(1) of the RTI Act, 2005
   on [date], reference [XXX].
2. No reply was issued by the PIO within 30 days. The application is
   deemed to have been refused under Section 7(2).
3. The appellant has filed this appeal under Section 19(1) on [date].
4. A hearing was held on [date]. The PIO appeared and stated [reason].

5. Findings.
   (a) The PIO's reasons do not constitute "fit cause".
   (b) None of the records sought attract Section 8(1) exemptions.
   (c) Deemed refusal is a serious breach attracting consideration of
       penalty under Section 20, which is in the Commission's
       jurisdiction.

6. Order.
   (a) The appeal is allowed.
   (b) The PIO shall supply the records sought in the original RTI
       within ten (10) working days of receipt of this order, free of
       further fee.
   (c) Compliance report to the undersigned within fifteen (15) days.
   (d) A copy of this order is placed on the personal file of the PIO.
   (e) The matter of Section 20 penalty is left open for the
       Commission's consideration in any second appeal.

7. The appellant is informed of the right of second appeal under
   Section 19(3) within 90 days.

(Signature)
[FAA Name]
First Appellate Authority
[Designation, Office]

• Records held elsewhere. PIO ought to have transferred under Section 6(3) within five days. The fact that records are elsewhere does not save the PIO from deemed-refusal liability.
• Voluminous records. Volume is not an excuse; Section 7(9) allows alternate forms. Compute reasonable time and direct phased supply.
• Vacancy in the post of PIO. The Department's failure to fill the post does not absolve the public authority. The Commission has held the senior-most officer is treated as PIO in the interregnum.
• Strike or lockdown. Force majeure is a mitigating factor on penalty but does not negate deemed refusal.

• No deadline in the order — the order says “supply at the earliest” with no date.
• No personal-file copy — leaves the PIO with no consequences.
• Refusing to refer for Section 20 — the FAA cannot impose, but she must refer.
• Treating partial reply as full reply — a non-substantive holding letter is not a reply.

Calendar days, including weekends.

Yes. From the date of issuance of the additional-fee demand to the date of payment.

Internal routing failures do not extend the 30-day limit; the public authority is the entity that received the application.

No. The FAA cannot impose or waive Section 20 penalty.

Ten to fifteen working days is reasonable. Less if the records are routine; more if the records require collation.

Yes if the appellant requests it. Often the appeal is straightforward and a hearing is by mutual consent.

She can plead exemption at the appeal stage. The FAA must examine it on merits but the deemed-refusal record stands.

• The Right to Information Act, 2005 — Sections 6, 7, 19, 20.
• Department of Personnel and Training, rti.gov.in — guidance on deemed refusal.
• Central Information Commission, cic.gov.in — illustrative Section 20 penalty orders.

• FAA speaking order format
• FAA powers and limits
• Section 8 appeal checklist
• FAA delay beyond 45 days
• How to file a First Appeal

Last reviewed: 9 May 2026.