Right to Information Act, 2005 Disposal of Request

Introduction

The disposal of a request under the Right to Information (RTI) Act, 2005 refers to the process through which a Public Information Officer (PIO) decides an application seeking information and communicates the decision to the applicant. The provisions relating to disposal of requests are mainly contained in Section 7 of the Act. The objective of these provisions is to ensure that information requests are handled promptly, fairly, and transparently.

Once an RTI application is received, the PIO is required to examine the request, identify the information sought, determine whether the information can be disclosed, and then dispose of the request in accordance with the law.

Meaning of Disposal of Request

Disposal of a request means taking a final decision on the RTI application and informing the applicant about that decision. The disposal may result in the complete disclosure of information, partial disclosure, rejection of the request, or transfer of the application to another public authority.

The RTI Act requires that every request be disposed of within the prescribed time limits and in a manner that protects the applicant’s right to information.

Time Limit for Disposal

Under Section 7(1), the Public Information Officer must dispose of the request as expeditiously as possible and in any case within 30 days from the date of receipt of the application.

Special time limits include:

  • 48 hours where the information concerns the life or liberty of a person.
  • 35 days where the application is submitted through an Assistant Public Information Officer (APIO).
  • 40 days in cases involving third-party information under Section 11.

Failure to respond within the prescribed period is treated as a deemed refusal of the request.

Modes of Disposal of Request

According to the RTI Act, a request may be disposed of in the following ways:

1. Providing the Information

The most common mode of disposal is by providing the requested information to the applicant.

The information may be supplied in various forms such as:

  • Certified copies of records.
  • Inspection of files and documents.
  • Electronic records.
  • Printed documents.
  • Samples or models.

The information should generally be provided in the form requested by the applicant unless it would disproportionately divert the resources of the public authority or adversely affect the preservation of records.

2. Refusal to Provide Information

The Public Information Officer may refuse to provide information if it falls under any of the exemptions specified in the RTI Act.

Some common grounds for refusal include:

  • Information affecting national security.
  • Information prohibited by a court of law.
  • Trade secrets and commercial confidence.
  • Personal information causing unwarranted invasion of privacy.
  • Information that would impede investigation or prosecution.
  • Information exempted under Sections 8 and 9 of the RTI Act.

When refusing information, the PIO must clearly state the reasons for refusal and mention the relevant legal provisions.

3. Providing Information in Part

In certain cases, only a portion of the requested information may be exempt from disclosure while the remaining information can be disclosed.

In such situations, the PIO may provide the non-exempt portion of the information and withhold the exempt portion.

This is known as partial disclosure or severability of information.

When information is provided in part, the PIO must:

  • Clearly indicate which portions have been withheld.
  • State the reasons for withholding those portions.
  • Mention the legal provisions supporting the decision.

This ensures maximum disclosure while protecting exempt information.

4. Transfer of Request to Another Public Authority

If the requested information is not held by the concerned public authority but is available with another public authority, the application may be transferred under Section 6(3) of the RTI Act.

The transfer must be made within five days of receiving the application.

The applicant must be informed about:

  • The transfer of the application.
  • The name of the public authority to which the application has been transferred.
  • Relevant contact details, wherever available.

This provision ensures that citizens are not penalized for submitting applications to the wrong authority.

Communication of Decision

The decision on the RTI application must be communicated to the applicant in writing.

The communication should include:

  • Whether the request has been accepted or rejected.
  • Details of the information being provided.
  • Additional fees payable, if any.
  • Reasons for rejection, where applicable.
  • Details of the appellate authority.
  • Time limit for filing an appeal.

Clear communication helps applicants understand the basis of the decision and exercise their rights effectively.

Intimation of Additional Fees

Under Section 7(3), where additional fees are required for supplying information, the PIO must inform the applicant about:

  • The amount of additional fee payable.
  • The method used to calculate the fee.
  • The applicant’s right to seek review of the fee.

The information is supplied only after payment of the prescribed fee.

Information Free of Cost

Under Section 7(6), information must be provided free of charge:

  • To applicants belonging to the Below Poverty Line (BPL) category.
  • When the public authority fails to provide information within the prescribed time limit.

This provision encourages timely disposal of RTI applications.

Deemed Refusal of Request

If the PIO does not communicate any decision within the prescribed time period, the request is deemed to have been refused.

A deemed refusal gives the applicant the right to file an appeal without waiting for any further communication from the public authority.

Right to Appeal

If an applicant is dissatisfied with the manner in which the request has been disposed of, the RTI Act provides a two-tier appeal mechanism.

First Appeal

Under Section 19(1), a First Appeal may be filed before the designated First Appellate Authority within 30 days of the decision or expiry of the response period.

Second Appeal

If the applicant remains dissatisfied, a Second Appeal may be filed before the:

  • Central Information Commission (CIC) in matters relating to Central Government authorities.
  • State Information Commission (SIC) in matters relating to State Government authorities.

The appeal should generally be filed within 90 days of the First Appellate Authority’s decision.

Responsibilities of the Public Information Officer

While disposing of requests, the PIO must:

  • Act fairly and impartially.
  • Process applications promptly.
  • Provide accurate and complete information.
  • Avoid unnecessary delays.
  • Give proper reasons for rejection or partial disclosure.
  • Inform applicants of their appeal rights.

Failure to perform these duties may attract penalties under the RTI Act.

Penalties for Improper Disposal

The Information Commission may impose a penalty on a Public Information Officer who:

  • Refuses to receive an application.
  • Delays disposal without reasonable cause.
  • Malafidely denies information.
  • Provides misleading or incorrect information.
  • Destroys records requested under RTI.

The penalty may extend to Rs. 250 per day of delay, subject to a maximum of Rs. 25,000.

Conclusion

The disposal of requests under the Right to Information Act, 2005 is a crucial stage in the implementation of the right to information. A Public Information Officer may dispose of a request by providing the information, refusing disclosure with valid reasons, providing partial information, or transferring the request to another public authority. The Act ensures transparency by requiring reasons for decisions, prescribing strict timelines, and providing appeal mechanisms for aggrieved applicants. These provisions help safeguard citizens’ right to information and promote accountability in public administration.