Deemed refusal under §7(2) — what triggers it, how to avoid, when

RTI Act §7(1) [30 days timeline]; §7(2) [deemed refusal]; §7(8) [reasons in writing]; §19(1) [first appeal trigger]; §20(1) [penalty up to Rs 25,000].

• The 30-day clock starts from the date of receipt by the public authority — not the PIO desk.
• Postal RTIs reach the PIO via internal mail — count from PA mailroom receipt.
• Online RTIs (rtionline.gov.in) reach the PIO instantly — clock starts immediately.
• No reply by day 30 = deemed refusal under §7(2).
• 48-hour reply where life/liberty at stake (§7(1) proviso) — same deemed refusal trigger.
• Penalty under §20(1) is mandatory if delay is unjustified — Rs 250/day up to Rs 25,000.

1. Receive the application + log it — Apply receipt stamp + assign serial. Date matters for §7(1) calculation.
2. Forward to record-holder — Internal forwarding within 5 working days under PA workflow.
3. Acknowledge applicant — Send acknowledgement letter within 7 days — improves trust + reduces grievances.
4. Search + assemble — 15-20 working days for record search + analysis under §8.
5. Draft + sign §7(8) order — Signed order before day 30. Cannot be back-dated.
6. Despatch with proof of delivery — Speed Post / registered post / online portal upload.
7. In case of need for extension under §7(8) — PIO must inform applicant in writing before day 30 — silence is still deemed refusal.

To: [Applicant Name]

Subject: Acknowledgement of your RTI application [____] dated [____]

Sir/Madam,

This is to acknowledge receipt of your application above on [date]. The 30-day timeline for response under §7(1) of the RTI Act expires on [date + 30].

We are processing your request and will respond within the statutory timeline.

In case any extension is required under §7(8), we will inform you in writing before the expiry of 30 days.

Yours faithfully,
[Name, Designation, PIO]

Mailroom delay of 5 days — clock still ran. PIO has 25 days; common cause of deemed refusal.

§6(3) transfer must happen within 5 days. Else original PA is in default.

PA must designate Asstt PIO or alternate. Cannot say “officer was on leave” as defense.

Even valid §7(9) alternative-form offer requires written communication within 30 days.

• Bhagat Singh v CIC (Delhi HC 2007) — Silence is denial; PIO cannot escape §20 penalty by claiming oversight.
• CIC, Anand Bhusan v Department of Personnel (2007) — Even partial reply on day 31 is treated as deemed refusal.
• Manju v MoHFW (CIC 2014) — Mailroom delays do not absolve PIO; PA must improve internal workflow.
• CIC stricture series 2020-2024 — Hundreds of penalties for repeated deemed-refusals at same PA.

• Treating “no reply yet” as acceptable — applicant can directly approach FAA on day 31.
• Counting from when officer reaches the file, not from PA receipt.
• Sending reply by ordinary post — no proof of delivery; applicant can claim “deemed refusal”.
• Saying “extension granted” without notifying applicant before day 30.
• Charging additional fees that delay the actual reply beyond 30 days.

• Use a tickler system / calendar reminder for day 25 — gives 5-day cushion.
• Maintain a deemed-refusal register at PA level — track patterns + report to senior officer.
• Train mailroom to date-stamp + forward RTIs within 24 hours.
• Designate Asstt PIOs at each subordinate office to share load.
• Adopt online portal as default — it logs receipt automatically + shows due date.

You can extend under §7(8) but ONLY by written notice to applicant before day 30 + valid reason. Maximum overall ~45 days.

Yes — calendar days, not working days.

§6(3) transfer to correct PA within 5 days. Original PA absolved if transfer is timely.

Only if you communicated complexity + extension before day 30. Not as ex-post defense.

Rs 250/day up to Rs 25,000 per case + departmental action under §20(2). Career consequences for serial offenders.

• pio faa knowledge base
• pio speaking replies
• pio section 7 9 alternative form
• act/section-7
• act/section-19
• act/section-20

RTI Act §7; CIC database; Bhagat Singh v CIC (2007); ICRPC handbook on §7 timelines.

Last reviewed: 25 April 2026.