Time Frame for Disposal of RTI Requests & Appeals

 

 Article

Time Frame for Disposal of  RTI Requests & Appeals

The Right to Information Act, 2005 provides that applications and first appeals received under the Act should get disposed of in a time bound manner, failing which those responsible for delay in disposal can be penalized.  The time frame for disposal of such requests varies depending upon various factors like nature of information sought, mode of filing application i.e. where the application was delivered etc. It ranges from 48 hours to 45 days.


Factors for disposal of request: Disposal of request depends upon a number of factors. There may be requests where the entire information sought is permissible and needs to be provided as a whole, if available. There may be requests where part of the information can be provided and part of it cannot be provided.  In such cases the information which is permissible shall be supplied within the time frame and rest of it shall be denied.  There may also be requests where the entire information asked for cannot be supplied. In such cases the request may be rejected. There can be cases where the information sought concerns more than one public authority. In such case the application or parts there of  may have to be transferred to concerned public authorities. But in each matter the disposal has to be done in a time bound manner.  

Time frame fixed for various types of requests is discussed here under: 

Application filed with concerned public authority: The Public Information Officer on receipt of a request shall dispose of  the requests as expeditiously as possible, and in any case within thirty days of the receipt of the request. The Public Information Officer shall either provide the information on payment of such further fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9.

Life or liberty of a person: The Public Information Officer needs to dispose of  the requests concerning information about the life or liberty of a person within forty-eight hours of the receipt of the request.

Cases where information is sought about medical treatment of persons or arrest without warrant, sanitation and hygiene etc. may fall under this category.


Requests received through other public authority: In requests for supply of information which are not filed with the appropriate public authority but get transferred by some other public authorities, a period of five days shall be added in computing the period for response specified.


Third Party information: The Public Information Officer shall dispose of requests where information has been sought about a third person within forty days after receipt of the request, if the third party has been given an opportunity to make representation. He shall make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

Information sought from exempted organizations: Cases where information is sought from notified exempted intelligence and security organizations in respect of allegations of violation human rights or corruption, the information shall only be provided after the approval of the Central/State Information Commission. Such information shall be provided within forty-five days from the date of the receipt of request.

Treatment of intervening period for deposit of further fee: Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Public Information Officer shall send an intimation to the person making the request. The period intervening between the dispatch of the said intimation and payment of fee shall be excluded for the purpose of calculating the period of thirty days.

Appeal cases: Any applicant who, does not receive a decision within the time specified or is aggrieved by a decision of the Public Information Officer may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to the First Appellate Authority.

Such an appeal shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

Deemed refusal: If the Public Information Officer fails to give decision on the request for information within the period specified, the Public Information shall be deemed to have refused the request.

Deemed Information Officer: Any officer, whose assistance has been sought shall render all assistance to the Public Information Officer seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Public Information Officer. 

Penalty for delay: The Central/ State Information Commission at the time of deciding any complaint or appeal is of the opinion that the Central/State Public Information Officer has done any of the under mentioned wrongs, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished. However, the total amount of such penalty shall not exceed twenty-five thousand rupees:

  • without any reasonable cause, refused to receive an application for information; or 
  • has not furnished information within the time specified; or
  • malafidely denied the request for information; or
  • knowingly given incorrect, incomplete or misleading information; or
  • destroyed information which was the subject of the request; or
  • obstructed in any manner in furnishing the information.

Hundreds of officers have faced penalty for delays or malafidely denial of information etc. 

Disciplinary action: In case the Central/State Information Commission at the time of deciding any complaint or appeal is of the opinion that the Public Information Officer without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Public Information Officer under the service rules applicable to him.

FAQs

Q. 1 Will the fine recovered be given to the applicant?

Ans.1 No. It will go to the central exchequer.

Q2. Can a person be compensated for the economic loss suffered due to delay or denial of information?

Ans.2. In a number of cases compensation has been paid by the Commissions. 

 

 

 

Location: India

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