Under Section 7 of the Right to Information Act, 2005, the Central Public Information Officer or State Public Information Officer, as the case may be, is required to provide the information within thirty days of the receipt of the request. If the Central Public Information Officer or State Public Information Officer fails to give decision on the request for information within the said period of 30 days, he shall be deemed to have refused the request.
Therefore, if the RTI information is not provided within 30 days, it shall be deemed that he has refused to provide the information requested.
In such a situation, under Section 19 of the said Act, the applicant seeking information may, within 30 days days, file an appeal to the designated senior officer (who is senior in rank to the Central Public Information Officer or State Public Information Officer), i.e., the appellate authority, in such department from which the information was sought. However, such appeal may be admitted even after the expiry of the period of thirty days if the appellate authority is satisfied that the appellant / applicant was prevented by sufficient cause from filing the appeal in time.
Further, there is also a provision for filing of a second appeal against the decision of the appellate authority. Such second appeal can be filed with the Central Information Commission or the State Information Commission, as the case may be. Such second appeal can be filed within 90 days from the date on which the decision should have been made or was actually received from the appellate authority. In appropriate cases, delay in filing the second appeal beyond the period of 90 can be condoned by the Central Information Commission or the State Information Commission, as the case may be, if it is satisfied that the appellant / applicant was prevented by sufficient cause from filing the appeal in time.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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