Frequently Asked Questions and Answers

Here the PIO shall within 5 days from the receipt of the request, give a written notice to the 3rd party of the request and the PIO's intention to disclose the information or record. The 3rd party may make a submission regarding whether the information should be disclosed or not. The submission shall be kept in view while taking a decision before disclosing by the PIO.

PIO has to give reasons of rejection and not merely quote the bare clause of the Act.  The PIO is expected to intimate clearly as to how s/he came to the conclusion that rule 8(1) was applicable in the particular case, through a speaking order.  The applicant, is entitled to receive clear-cut replies for all his/her queries.  S/he has to give his/her name, and also the time limit within which appeal can be preferred and also the name, address of Appellate officer in his/her communication.

Sometimes information may fall under exemption under Sec 8, but still PIO can disclose ‘if public interest in disclosure outweighs the harm to the protected interests’.  In such cases the PIO may record the following:

•   factors favoring public interest in disclosure

• factors favoring non-disclosure

• Documents produced by requester as evidence to prove public interest.

• How and why the factors favoring the above are more important as to take a decision to disclose or not.

As per the provisions of Sec 19(6), 1st appeal shall be disposed within 30 days or within such extended period not exceeding 45 days, from the date of receipt. While disposing the 1st appeal, the first Appellate Authority may give notice to the PIO / deemed PIO and to the appellant, conduct a hearing (if required), pass speaking orders and communicate to the PIO under intimation to the applicant.