blog:how-pio-responds-to-evasive-replies
Table of Contents
How to defeat evasive PIO replies — a practical playbook
The most common RTI failure is not outright refusal. It's the evasive reply — selective answers, “information not held by us”, “not in public interest”, or silence on specific questions.
The three common evasions
- Partial reply — answers Q1 and Q5, ignores Q2, Q3, Q4.
- “Not held by us” — without any §6(3) transfer.
- Vague denial — “not in public interest” without citation of §8 sub-clause.
The First Appeal framing that wins
Always frame FAA in numbered bullets:
- Ground 1: PIO failed to answer Q2, Q3, Q4 — direct violation of §7(1).
- Ground 2: “Not held” claim made without §6(3) transfer — violation of procedure.
- Ground 3: Refusal under §8 without citing specific sub-clause — violates Bhagat Singh v. CIC (Del HC 2007).
- Ground 4: DoPT circulars on speaking orders breached.
- Ground 5: Cost of vexation — seek compensation under §19(8)(b).
Counter-drafting
When re-filing, pre-empt evasions by citing:
- Bhagat Singh v. CIC (2007) — reasoned order mandatory.
- CIC Full Bench on “not held” — PIO must identify who holds it.
- §4(1)(d) — reasons for administrative decision.
The pressure ladder
FAA → CIC → High Court (writ) → personal costs against PIO. Each rung increases the PIO's personal risk, not institutional.
Sources
- Bhagat Singh v. CIC (Del HC 2007).
- RTI Act 2005 §§7, 19.
- DoPT Master Circular on RTI 2024 update.
Last reviewed: 25 April 2026.
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