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—guide:faa:deemed-refusal-checklist [2026/07/22 17:47] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(deemed refusal checklist FAA,Section 7 2 RTI,RTI 30 days no reply,FAA deemed refusal order,deemed refusal appeal)
 +metatag-title=(FAA Deemed Refusal Checklist RTI Section 7 2 2026)&metatag-description=(Step-by-step checklist for First Appellate Authorities deciding RTI appeals where the PIO has not replied within 30 days. Section 7 2 deemed refusal, the order template, and the penalty referral note for the Commission. Free 2026 guide.)}}
 +
 +====== FAA Checklist for Deemed Refusal RTI Appeals ======
 +
 +
 +
 +{{ :social:auto:guide-faa-deemed-refusal-checklist.png?direct&1200 |FAA Checklist for Deemed Refusal RTI Appeals — RTI Wiki}}
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** Step-by-step checklist for First Appellate Authorities deciding RTI appeals where the PIO has not replied within 30 days. Section 7 2 deemed refusal, the order template, and the penalty referral...
 +</WRAP>
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** Where the Public Information Officer fails to reply within 30 days of the RTI application (or 48 hours where life and liberty are involved), Section 7(2) of the RTI Act 2005 deems the request to have been **refused**. The First Appellate Authority must, in her speaking order under Section 19(6), record three things: (i) the date of receipt of the original RTI; (ii) Day 30 with no reply; (iii) a direction to the PIO to supply the records within a fixed deadline, free of further fee. The FAA cannot impose the Section 20 penalty — that lies with the Information Commission — but she should record an observation referring the matter for penalty examination.
 +</WRAP>
 +
 +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.
 +
 +===== When this checklist applies =====
 +
 +  * 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.
 +
 +===== Legal basis =====
 +
 +  * **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.
 +
 +===== Five-point check =====
 +
 +  - **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.
 +  - **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.
 +  - **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.
 +  - **Point 4: Personal-file note.** A copy of the order should go to the PIO's confidential file as an adverse remark.
 +  - **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".
 +
 +===== Step by step =====
 +
 +  - Step 1. Verify the date of receipt of the RTI from the office register.
 +  - Step 2. Pull the PIO's despatch register to confirm no reply was issued.
 +  - Step 3. Hold a hearing — call the PIO and the appellant.
 +  - Step 4. If the records are not exempt under Section 8, direct supply.
 +  - Step 5. Pass the speaking order using the template at [[guide:faa:speaking-order-format|FAA speaking order format]] — Template 4.
 +  - Step 6. Despatch the order to both parties; copy to the head of office.
 +  - Step 7. Set a 15-day reminder to verify compliance.
 +
 +===== Order template — deemed refusal =====
 +
 +<code>
 +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]
 +</code>
 +
 +===== When the PIO has a partial defence =====
 +
 +  * **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.
 +
 +===== Common FAA mistakes =====
 +
 +  * **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.
 +
 +===== Frequently asked questions =====
 +
 +==== Is the 30-day clock counted in calendar days or working days? ====
 +
 +Calendar days, including weekends.
 +
 +==== Does the clock pause for additional fee? ====
 +
 +Yes. From the date of issuance of the additional-fee demand to the date of payment.
 +
 +==== What if the application was misrouted within the office? ====
 +
 +Internal routing failures do not extend the 30-day limit; the public authority is the entity that received the application.
 +
 +==== Can the FAA waive penalty? ====
 +
 +No. The FAA cannot impose or waive Section 20 penalty.
 +
 +==== What deadline should the FAA fix for supply? ====
 +
 +Ten to fifteen working days is reasonable. Less if the records are routine; more if the records require collation.
 +
 +==== Should the FAA hear the appellant for a deemed-refusal appeal? ====
 +
 +Yes if the appellant requests it. Often the appeal is straightforward and a hearing is by mutual consent.
 +
 +==== Can the PIO claim "Section 8" after deemed refusal? ====
 +
 +She can plead exemption at the appeal stage. The FAA must examine it on merits but the deemed-refusal record stands.
 +
 +===== Sources =====
 +
 +  * The Right to Information Act, 2005 — Sections 6, 7, 19, 20.
 +  * Department of Personnel and Training, [[https://cic.gov.in|cic.gov.in]] — guidance on deemed refusal.
 +  * Central Information Commission, [[https://cic.gov.in|cic.gov.in]] — illustrative Section 20 penalty orders.
 +
 +===== See also =====
 +
 +  * [[guide:faa:speaking-order-format|FAA speaking order format]]
 +  * [[guide:faa:powers-and-limits|FAA powers and limits]]
 +  * [[guide:faa:section-8-appeal-checklist|Section 8 appeal checklist]]
 +  * [[guide:faa:delay-beyond-45-days|FAA delay beyond 45 days]]
 +  * [[guide:applicant:first-appeal|How to file a First Appeal]]
 +
 +Last reviewed: 9 May 2026.
 +
 +{{tag>rti pio fir faa checklist deemed refusal appeals}}