The State Information Commission (SIC) of Haryana has ruled that if a Right to Information (RTI) application remains unattended, it shall be treated as a case of 'deemed refusal' under the RTI Act, 2005. The decision came during a hearing on June 15, 2026, in response to a complaint filed by Tushar Arora against the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC).
Case Background
Tushar Arora had approached the SIC stating that HSIIDC provided incomplete information in response to his RTI application dated October 16, 2025, despite his first appeal on November 21, 2025. He sought penal action against the State Public Information Officer (SPIO) of HSIIDC. During the hearing, Surender Kumar, Manager at HSIIDC, Saha, Ambala, submitted that the information was furnished to Arora on May 11, 2026—more than six months after the application. He clarified that the RTI application was filed online and was not communicated to him by the person responsible for receiving such applications.
Commission's Observations
State Information Commissioner Dr. Ajay Kumar Sura observed that the RTI application was filed through the RTI Portal but remained unattended for a prolonged period solely because the respondent authorities reported unfamiliarity with the online portal. The Commission noted that similar instances have emerged in other appeals, where RTI applications filed online remained unattended due to the absence of a proper monitoring and tracking mechanism. In several cases, SPIOs claimed they became aware of the application only upon receiving notices from the Commission in second appeals filed by the appellants due to non-supply of information.
Statutory Responsibilities and Deemed Refusal
The Commission took an adverse view of such inaction, stating that by leaving online RTI applications unattended, SPIOs fail to discharge their statutory responsibilities under the RTI Act, 2005. The order, dated June 15, 2026, explicitly states that any unattended RTI application shall be treated as a case of 'deemed refusal' under the Act. It added, “Any violation of the statutory timelines, without any justifiable cause, amounts to a denial of the right to information conferred upon citizens under the RTI Act, 2005.”
Directions for Improvement
The State Information Commissioner directed that a copy of the order be forwarded to the office of the Chief Secretary of Haryana for dissemination to all Administrative Secretaries. This aims to sensitize all SPIOs about regular monitoring of applications received through the online mode. The RTI Online Portal was launched by the Government of Haryana on January 24, 2022, to enable citizens to file RTI applications and first appeals diligently.
