PIO unavailable — Head-of-Institution vicarious liability
Quick Reply: When a designated PIO is unavailable [leave/vacancy], the Head of Institution becomes liable under §20. PIO vacancy/leave doesn't pause §7 duty; Head of.
Central Information Commission · 2020-01-01 · Citation awaited
When a designated PIO is unavailable [leave/vacancy], the Head of Institution becomes liable under §20. PIO vacancy/leave doesn't pause §7 duty; Head of.
PIO vacancy/leave doesn't pause §7 duty; Head of Institution carries vicarious §20 liability.
Case details
| Court | Central Information Commission |
|---|---|
| Decided | 2020-01-01 |
| Citation | Citation awaited |
| Petitioner | RTI applicant |
| Respondent | Public authority |
| RTI Act sections | §5, §20 |
| Outcome | Applicant allowed |
Outcome
When a designated PIO is unavailable (leave/vacancy), the Head of Institution becomes liable under §20.
Ratio decidendi
Vacancy or long leave of a designated PIO does not pause the public authority's §7 obligation. The Head of Institution is statutorily obliged to ensure a substitute PIO is notified or to discharge the duty personally; default attracts vicarious §20 liability.
Keywords
PIO vacancy, §5, §20, vicarious liability, CIC
Similar cases in the corpus
- PIO designation and accountability — Delhi HC (HC-DEL 2016)
- PIO transfer during pendency — Calcutta HC (HC-CAL 2019)
- Lost RTI application — PIO liability — CIC (CIC 2020)
- Arvind Kejriwal v. CPIO (HC-DEL 2010)
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.