PIO silence as deemed refusal — Bombay HC
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
- Excessive fee calculation — §7(3) — CIC (CIC 2019)
- PIO reasoned orders — Bombay HC (HC-BOM 2014)
Related
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.