Can any RTI application be declined by PIO? If the application is rejected, what is the remedy available?
As per section 7 of the RTI Act 2005, the Central Public Information Officer or State Public Information Officer, on receipt of a request under section 6, as expeditiously as possible, should process the request, and provide the information on payment of such fee as prescribed or reject the request for any of the reasons stated in sections 8 and 9 within thirty days of the receipt of the request. However, if the information sought for concerns the life or liberty of a person, such information should be provided within forty-eight hours of the receipt of the request. Therefore, as per Section 7, it is observed that the Central Public Information Officer or State Public Information Officer, as the case may be, may accept or reject the RTI application. Section 7(2) states that if the Central Public Information Officer or State Public Information Officer, fails to give decision on the request for information within the period specified the Central Public Information Officer or State Public Information Officer, be deemed to have refused the request.
- What is the remedy if information is not obtained in a specific period under the RTI Act ?
- What are the information which PIO is not bound to reveal under the RTI Act 2005?
- What are the rights provided under Right to Information Act, 2005?
- What is the process of obtaining information as per Right to Information Act, 2005?
The Central Public Information Officer or State Public Information Officer can reject the application seeking information under Section 6 under certain circumstances. Although the Public Authority is obliged to provide the information to persons requesting for the information that he held, few Exemption are provided in the Act from disclosure of information under Section 8 , by which, it is not obliged to provide information to any citizen. If the requested information falls under any of the provision of Section 8, the public Authority is not obliged to disclose such information to the requested person.
- Which are the organizations covered under the RTI Act? Does it include private bodies?
- Which are the appellate authorities under the Right to Information Act?
- Which body has the jurisdiction to entertain first appeal under the Right to Information Act, 2005?
- How to file a second appeal under the Right to Information Act, 2005?
As per section 9 of Act, a Central Public Information Officer or a State Public Information Officer, may also reject a request for information if such disclosure may cause any infringement of copyright subsisting in a person other than the State. Section 19 of the Act deals with Appeal. Remedy is available for rejection of the Application under this Section. If any person aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, may file an appeal within thirty days from the receipt of such a decision to the senior officer who is senior in rank to the Central Public Information Officer or State Public Information Officer in such public authority.
Adv. Anitha Gutti